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WEDNESDAY, MAY 30, 1990
15 MAY 1990
MR OSMAN'S APPLICATION UNDER SECTION 104A OF THE ORDINANCE WAS STRUCK OUT.
25 MAY 1990
MAGISTRATES
MR OSMAN APPLIED TO A MAGISTRATE IN HONG KONG FOR A FURTHER SUBPOENA UNDER SECTION 104A. HIS APPLICATION WAS REFUSED.
FACSIMILE COPIES OF DOCUMENTS GENERALLY ACCEPTABLE
THE CHIEF SECRETARY, THE HON SIR DAVID FORD, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) FACSIMILE COPIES OF DOCUMENTS RECEIVED FROM MEMBERS OF THE PUBLIC ARE GENERALLY ACCEPTABLE TO GOVERNMENT DEPARTMENTS IN MATTERS CONCERNING COMPLAINTS, ENQUIRIES AND FILING OF RETURNS.
SIR DAVID WAS REPLYING TO A QUESTION FROM THE HON PETER H.Y. WONG, WHO HAD ASKED TO WHAT EXTENT WERE FACSIMILE COPIES OF DOCUMENTS ACCEPTABLE BY GOVERNMENT DEPARTMENTS IN MATTERS CONCERNING COMPLAINTS, ENQUIRIES, AND FILING OF RETURNS.
LEGISLATIVE CHANGES WOULD BE
MR WONG HAD ALSO ASKED WHETHER EFFECTED TO PERMIT FACSIMILE MACHINES TO BE USED TO SERVE LEGAL DOCUMENTS SUCH AS NOTICES AND WRITS.
SIR DAVID SAID THE SUPREME COURT AND GOVERNED THE SERVICE OF WRITS, NOTICES AND OTHER OF THOSE COURTS.
DISTRICT COURT RULES PROCESS ISSUED OUT
"UNDER THE RULES OF COURT TRANSMISSION OF DOCUMENTS BY FACSIMILE MACHINE IS NOT EFFECTIVE AS OF SUCH PAPERS BECAUSE IT IS NOT POSSIBLE FOR THE THAT SUCH A DOCUMENT WAS DELIVERED TO THE PARTY ADDRESSED.
A COPY OF THOSE PERSONAL SERVICE SENDER TO PROVE TO WHOM IT WAS
"AT MOST, THE SENDER CAN PROVE THAT SUCH A DOCUMENT WAS SENT TO A FACSIMILE MACHINE ON A PARTICULAR TELEPHONE NUMBER," HE SAID.
SIR DAVID ALSO POINTED OUT THERE WERE ALSO PROBLEMS CONCERNED WITH PROOF THAT ANY DOCUMENT RECEIVED BY FACSIMILE MACHINE WAS GENUINE.
"THE RULES MAY BE ALTERED BY THE RULES COMMITTEES COURTS, BUT THERE HAS NOT BEEN ANY PRESSURE FROM PROFESSION TO CHANGE THE RULES OF COURT ΤΟ FACILITATE FACSIMILE MACHINE," HE ADDED.
OF THE TWO THE LEGAL SERVICE BY
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