1959-HKRS30-8-49_Part03 — Page 10

Notice to admil documents.

Notice to produce documents.

Notice to admit facts.

Orders to attend and

give evidence or to pro- duce docu-

Schedule, Form 2.

Withdrawal

or settlement

of claim

submitted to

tribunal.

Deposit of documents for use of tribunal.

a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.

12. Either party may at any time not later than nine days before the date of the hearing, give to the other party notice in writing to admit any documents saving all just exceptions and in case of refusal or neglect to admit after such notice, the cost of proving such document shall be paid by the party so neglecting or refusing, unless the tribunal otherwise orders.

13. Either party may at any time not later than nine days before the date of the hearing give to the other party a notice in writing to produce at the hearing any document to which reference is made in any pleading or list of documents filed by such other party, and if such notice is not complied with, secondary evidence of the contents of such documents may be given by or on behalf of the party who gave such nolice.

14. Either party may at any time not later than fourteen days before the date of the bearing give to the other party a notice in writing requiring him to make any admission of fact which such party shall deem to be necessary and if the party to whom such notice is given refuses to admit such facts, the costs of proving such facts in evidence before the tribunal shall be paid by the party so refusing unless the tribunal otherwise orders.

15. An order directing any person to attend and give evidence or to produce documents shall be in the prescribed form with such variation as circumstances may require. Any party desiring such an order shall ôle the same in the Registry and such order shall be signed by the Registrar. The order shall contain the name of one person only and shall be served personally or by registered post at least ten days befor the date fixed for hearing. Every order issued pursuant to this rok shall be of no validity unless served upon the person named therein within twelve weeks from the date of the order.

16. When after any claim has been submitted to the tribunal by the claimant, such claim is withdrawn from the tribunal, the claimant shall give immediate notice thereof to the Registrar, the Anorey General and all other interested parties.

17. Not less than five days before the date fixed for the hearing the claimant shall deposit with the Registrar three copies of every document required by these rules to be filed with the Registrar togethe with three copies of any affidavit or other documents which he intends to adduce in evidence whether in accordance with the provisions of ruk 11 hereof or otherwise (including any agreed correspondence) and the

5

Attorney General shall deposit three copies of any affidavit or other documents which he intends to adduce in evidence in accordance with the provisions of rule 11 hereof.

ment of time.

18. The times within which any act is to be done as prescribed Enlargement by these rules may be enlarged or abridged by written consent of the and abridge- parties or by the Registrar upon application to him for that purpose. Time for the purposes of these rules shall be computed in the same manner as provided for in the Code of Civil Procedure, Order XXXL, (Vol. VII.

P. 44). rule 15 excluding sub-rute (5).

Lions.

19. At any stage of the proceedings before the tribunal, applica. Application tion may be made to the Registrar for directions relating to any other for direc matter incidental to the submission and hearing of claims before the ribunal not otherwise expressly dealt with in these rules and upon such application the Registrar may make such order as he thinks fit.

for hearing

20. All applications to the Registrar shall be made to him by Procedure summons issued from the Registry in the prescribed form with a return summon.145. dale ordinarily not less than four days after the service of the summ1008, Schedule, and the costs of any application shall be determined by the Registrar Form 3. as he may think fit, but the Registrar may if he considers it necessary and shall at the request of either party made either at the hearing of the application or within such time (not being less than four days) as be Registrar may fix at the hearing of the application, adjourn to the tribunal the bearing of any application for further hearing and deter- mination, and the tribunal shall at the hearing of such application make such order and shall determine the costs of such application as the tribunal shall think fit.

21. When upon application to the Registrar of any claimant or Concurrent

hearings. of the Attorney General, it appears to the Registrar that a common question of law or of fact is raised by several claims referred to the tribunal, and that it is expedient that such claims shall be disposed of together, the Registrar may order, notwithstanding that there may be different claimants. that such claims shall be heard and determined by the tribunal concurrently.

death, etc. of

22. In the case of the death, bankruptcy or liquidation of the Procedure, claimant the Registrar may upon the application of any person, if it in case of be deemed necessary for the complete settlement of all the questions claiment, involved, order that the personal representatives, trustee in bankruptcy, liquidator or other successor in interest (if any) of the claimant be made a party to the proceedings before the tribunal and be served with notice to appear, on such terms as he may think just for the proper determination of the claim before the tribunal.