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CODE OF CIVIL PROCEDURE-HONGKONG,
2.--Such notice as the Court in each case, according to the circumstances, con- siders reasonable, shall be given to the person summoned, and to such persons (parties to the suit or proc eding otherwise inter sted) as the Court cons.ders entitled to inspect the documents to be produc d, or to examine the person summoned, or to be present at his examination, as the case may be.
3.—The evidence of a witness on any such examination, shall be taken in like manner as nearly as may be, as at the heiring of a suit.
Stay of Proccolimps.
XLVII. No summons or notice of motion shall operate as a s'ay of ¡ roceedings, except by direction of the Registrar endorsed thereon, and, in such case, it shall so operate from time of the service thereof or the opposite party.
2.- Every order made in chambers shall have the same force and effect as an order of Court, and the Court sitting in c.ambers shall have the same power to enforce, vary, or deal with any such order, by attachment or otherwise, as if sitting in Court.
PART II.
FROM THE HEARING OF A SUIT TO JUDGMENT AND DECREE.
CHAPTER VII-PRELIMINAPITS OF TRIAL.
Setting down of Cause for Hearing.
XLVIII. No cause shall be set di wa for hearing will out an order of the Court first obtained on summons,
2. At the expiration of the time allowed for answering, and whether an answer shall have been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for hearing.
3.-An order to set down the cause may be made on the application of the defendant by summons, if it appears to the Court, laving regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced by such delay.
Dismissal for Want of Prosecution.
XLIX. Where the plaintiff does not obtain an order for setting down the cause within one month from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.
2.- On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms as the Court thinks reasonable.
Postponement of Hearing.
J.-The Court may, at any time, on a summons taken out by any party, postpone the bearing of a cause set down, on being satisfied by evilence on oath that the postponement will have the effect of better ensuring the bearing and determination of the questions between the parties on the merits.
2.-W. ere such an appli ation is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that Le is 1 kely to return and give evidence within a reasonable time.
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3.—Where suc's an pplicat on is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction, or does not intend to come within the juris t'on within a reasonable time.
Hearing List and Hearing Paper.
LI.-There shall be kept a general hearing list for canes, and a hearing paper