1967-HKRS30-8-58_Part01 — Page 16

Hearing of reference.

42. (1) The Registrar may adjourn the hear- ing of a reference from time to time as he thinks fit.

(2) At or before the hearing of a reference, the Registrar may give a direction limiting the witnesses who may be called, whether expert witnesses or not, but any such direction may, on sufficient cause being shown, be revoked or varied by a subsequent direc- tion given at or before the hearing.

(3) Subject to paragraph (2), evidence may be given orally or by affidavit or in such other manner as may be agreed upon, and the evidence may, on the application of either party, but at the expense in the first instance of the party on whose behalf the application is made, be taken down by a shorthand writer, and in such case a transcript of the shorthand writer's notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar's decision.

(4) When the hearing of the reference has been concluded, the Registrar shall-

(a) reduce to writing his decision on the ques- tions arising in the reference (including any order as to costs) and cause it to be filed; (b) cause to be filed either with his decision or subsequently such statement (if any) of the grounds of the decision as he thinks fit; and (c) send to the parties to the reference notice

that be has done so,

(5) Where no statement of the grounds of the Registrar's decision is filled with his decision and no intimation has been given by the Registrar that he intends to file such a statement later, any party to the reference may, within 14 days after the filing of the decision, make a written request to the Registrar to file such a statement.

Objection to decision on reference.

43. (1) Any party to a reference to the Regis- trar may, by motion in objection, apply to a judge in court to set aside or vary the decision of the Registrar on the reference, but notice of the motion, specifying the points of objection to the decision, must be filed within 14 days after the date on which

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notice of the filing of the decision was sent to that party under rule 42(4) or, if a notice of the filing of a statement of the grounds of the decision was sub- sequently sem to thereunder, within 14 days after the date on which that notice was sent

(2) The decision of the Registrar shall be deemed to be given on the date on which it is filed. but unless he or the judge otherwise directs, the deci sion shall not be acted upon until the time has clapsed for filing notice of a motion in objection thereto, or while such a motion is pending or remains undisposed of.

(3) A direction shall not be given under para- graph (2) without the parties being given an oppor- unity of being heard, but may, if the Registrar announces his intended decision at the conclusion of the hearing of the reference, be incorporated in his decision as reduced to writing under rule 42(4)."; and (c) by adding the following new rule after rule 45-

"Inspection of documents filed in Registry.

46. (1) Order 63. rule 4, shall apply in relation to documents filed in the Registry.

(2) For the purpose of the said rule 4, as applied by paragraph (1), a decree made in chambers in a limitation action shall be deemed to have been made in court,”.

8. Appendix A to the principal rules is amended-

(a) în Form No. 3 by deleting the expression "or 2′′; (b) in Form No. 5, by deleting the beading and substituting

the following-

"Writ of summons which, or notice of which, is to be served out of jurisdiction.":

(c) in Form No. 14, by inserting the following after "Is

THE SUPREME Court of Hong Kong”-

*. (...

JURISDICTION}"; and

(d) in Form No. 28, by deleting "aitend" and substituting the

following

"atlend".

Made this 27th day of January 1968.

MICHAEL HOGAN,

Chief Justice.

Amendment of Appendix A.