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CODE OF CIVIL PROCEDURE-HONGKONG.
11.—A defective or erroneous affidavit may be amended and re sworn, by special leave of the Court, on such terms as to time, costs, or otherwise as seem reasonable.
12.-Before an affidavit is used, the original must b· filși in the Court; and the original, or an office copy ther-o`, s all alone be recognise for any purpose in the Court. Evidence de Bene Esse.
LVII. Where the circumstances of ti e case appear to the Court so to require, the Court may take the evidence of any witness at any time in the course of the proceedings in any suit or application b fore the hearing of the suit or application, or may direct the Registrar to take such evidence in like manner, and the evidence so taken may be used at the hearing of the suit or application, saving just exceptions.
2. The evidence shall be taken, as nearly as may be, as evidence at the hearing of a suit, and then the note of the evidence shall be read over to the witness and tendered to him for signature; and if he refuse to sign it, the Court, or the Registrar, as the case may be, shall add a note of his refusal, and the evidence a ay be used as if he had signed it.
3. Evidenc may be taken in like manuer on the application of any person, before suit instituted, where it is shown to the satisfaction of the Curt on oath that the pers n applying has good reason to apprehend that a suit will be instituted against him in the Court, and that some person, within the jurisdiction at the time of application, can give material evidence respecting the subject of the apprehended suit, but that he is about to leave the jurisdiction, or that from some other cause the person amplying will lose the benefit of his evidence if it be not at once taken: Provided always that the Court may, upon granting such application, impose any terms or conditions with reference to the examination of such witness and the admission of his evi lence as to the Court may seem reasonable.
Witness Dead, Insane, or not Appearing.
LVIII.—Where any person who might give evidence in any suit or matter is dead, or insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court, cannot appear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding: Provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit, and that the parties to the existing suit were parties to it or boun 1 by it, au i in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is to be given.
Admission of Documents and Facts.
LIX.-Where all parties to a suit are competent to make admission, any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any document, or any fact, saving just exceptions.
2.-In case of refusal or neglect to admit, the costs of proof of the document or fact shall be paid by the party r fusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.
3.-No costs of proof of any document or fact shall be allowed unless such notice has been given, except in cases where the omission to give the notice has, in the opinion of the Court, produced a saving of expense.
Inspection and Production of Documents.
LX.-The Court may, in its discretion, on the application of any of the parties to any suit or proceeding, compel any other party to allow the applicant to inspect all or any documents in the custody or under the control of such other party relating to such suit or proceeding, and, if necessary, to take examined copies of the same or to procure the same to be duly stamped.
2. Whenever any of the parties to a suit is desirous that any document, writing, or other thing, which he believes to be in the possession or power of another of the parties thereto, shall be produced at any hearing of the suit, he shall, at the earliest opportunity, serve the party in whose possession or power he believes the document, writing, or other thing to be, with a notice in writing, calling upon him to produce the saine.