1962-HKRS30-8-53_Part01 — Page 36

Notes of evidence.

Objection to evidenco,

Indorsement of docu ments.

Adjournment Da terms.

No letters

of request, etc. in the Court.

Documents

produced

from proper

custody.

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46. (1) It shall not be necessary for the judge in any proceedings in the Court to make a verbatim nole of the oral evidence adduced but it shall be sufficient if he records the substance thereof in so far as it appears to him to be relevant

(2) Rule 11 of Order 13 of the Code shall not apply to any proceed- ings in the Court.

(3) Rule 13 of that Order shall not apply to any proceedings in the Court unless in any case the judge otherwise orders.

47. Paragraph (1) of rule 14 of Order 13 of the Code shall apply to proceedings in the Court as if the following proviso were added thereto-

"Provided that the Court may in its discretion reserve its deci- sion as to the admissibility of evidence to which objection is taken and in the meantime admit the evidence without prejudice to its power ultimately to reject the same or any part thereof in deter- mining the cause.".

48. The Court or the Registrar, in any case in which judgment is to be entered ex parte or without a trial on the merits, may require production of any document, of whatsoever nature, relevant to the cause of action, subject to any proper claim of privilege, and may cause any such document to be marked as an exhibit in the proceedings.

Adjournments.

49. The power of the Court to grant an adjournment on terms shall extend to imposing terms requiring the payment of money into court or the giving of security, whatever the nature of the claim or counterclaim, if any, and the Court may order that, in default of compliance with any termos imposed, the claim or counterclaim shall be dismissed or the party in default shall not be permitted to prosecute his claim or counterclaim or to defend, as the case may be.

Evidence.

50. The Court shall not have power to issue any commission. request or order to examine witnesses abroad, and accordingly rule 3 of Order 14 of the Code shall not apply to the Court.

51 Where a document, which, if it were duly proved, would be admissible in evidence, is produced to the Court from proper custody. it shall be admitted without further proof if-

(a) in the opinion of the Court it appears genuine; and (b) no objection is taken thereto,

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and, if the admission of any document so produced is objected to, the Court may adjourn the hearing for proof of the document, and, if it is proved, the party objecting shall pay the costs occasioned by the objection, unless the Court otherwise orders.

$2. There shall be no procedure in the Court for obtaining No procedure evidence in the Colony for use in a foreign tribunal, and accordingly for obtaining rule 10 of Order 14 of the Code shall not apply to the Court.

evidence for forsign tribunal.

53. (1) The Court may accept shop-books, account-books. Admissibility invoices, delivery notes, sold-notes, bought-notes, indents, receipts, of shop-

books, etc. counterfoil-receipts, and other like books, documents and business records as prima facie evidence of the contents thereof and of the transactions to which they purport to relate if such books, documents or records appear to the Court to be genuine and are produced from custody which appears to the Court to be proper custody.

(2) Where any such book, document or record, or any entry therein, is endorsed with or bears a signature or "chop" purporting to be that of any party, or his employee or agent, the Court may presume, until the contrary is proved, that the signature or "chop" is that of such party, employee or agent.

54. (1) The Court may admit-

Bank Accounts,

(a) any document purporting to be issued by a bank and purport- etc. to be ing to show the state of the account of any party or person prima facie

evidence. with the bank:

(b) any document purporting to be issued by a bank and purport-

ing to state the reason for the dishonour of any cheque,

as prima facie evidence of the truth of the contents thereof.

(2) Where any cheque purports to be drawn or endorsed in the name or under the "chop" of any party or person the Court may presume it to have been drawn or endorsed by such party or person unless the contrary is proved.

(3) For the purposes of this rule the word “bank" shall have the meaning assigned to it by section 2 of the Banking Ordinance.

(Cap. 155).

transport contractors,

55. The Court may admit any delivery note, entry in a delivery Delivery by book or other record prepared by a person employed as a common or private carrier, or otherwise employed or engaged to deliver goods. e. or by his servant or agent, and purporting to record the delivery of goods to any party, or to the premises of any party, as prima facie evidence of due delivery notwithstanding that the note, entry or record is not, or is not proved to be, signed or "chopped" or otherwise acknowledged by or on behalf of such party.