Amendment of
notice of investigation.
Marine court not to bit in court building.
Parties to proceedings.
Representation
al investigation. (Cap m)
Notice to produce.
Notice to admit documents.
2
4. (1) The Director may, at any time before the investiga- tion commences, by a subsequent notice amend the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3.
(2) Such notice shall be served, before the investigation commences, on each person on whom the notice of investigation was served.
5. A marice court shall not sit in a building in which any court sits.
6. (1) The Director and each person on whom a notice of investigation has been served under regulation 3 shall be a party to the investigation.
(2) Any other person may, by leave of the marine court, appear at an investigation, and any person so appearing shall also be a party to the investigation.
7. (3) The Director may be represented at an investigation by a legal officer within the meaning of the Legal Officers Ordin- ance or by counsel or a solicitor.
(2) Any other party to an investigation, and any other person who is required to give evidence or produce documents before a marine court, may be represented by counsel or a solicitor.
8. (1) Any party to an investigation may serve on any other such party notice in writing requiring him to produce any docu- ment relating to the matters in question and which is in the posses- sion of or under the control of such other party.
(2) Where a notice to produce a documeat is not complied with, secondary evidence of the document may be given by the party who gave the notice.
9. (1) Any party to an investigation may serve on any other such party notice in writing requiring him to admit the documents specified in the notice.
(2) If the party on whom a notice is served under para- graph (1) does not admit any document specified therein, he shall, within fourteen days after the service of the notice, serve on the party by whom it was given a notice in writing stating that be does not admit the document and requires it to be proved.
(3) A party who does not serve notice in accordance with paragraph (2) in relation to any document shall be deemed to have admitted the document unless the marine court otherwise orders.
3
10. A summons requiring any person to attend before a marine court to give evidence or to produce any document shall be in the prescribed form.
11. (1) A marine court may receive and consider any evidence which in the opinion of the court is material to the questions which it is to determine, notwithstanding that the evidence would not be admissible in the courts of Hong Kong under the law relating to evidence:
Provided that neither a party to the investigation nor any person who is required to give evidence before the court shall be bound to answer any question tending to incriminate bim.
(2) Without prejudice to paragraph (1), a marine court may receive and consider any affidavit or statutory declaration.
12. A marine court may proceed with the investigation whether or not the parties to the investigation, or any of them, are present
13. The proceedings before a marine court shall commence with the production and examination of witnesses by the Director.
14. The marine court shall determine in which order the parties to the investigation may question a witness produced and examined by any other party.
15. No objection shall be allowed to any evidence adduced in the course of the examination of witnesses produced by the Director on the ground that such evidence is not relevant to any question in the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3.
16. (1) At the conclusion of the examination of the witnesses produced by the Director, he shall state to the marine court, having regard to the evidence given by those witnesses, the questions which the court is to determine.
(2) In framing such questions, the Director shall not be bound by any question in the statement of questions accompanying the notice of investigation served pursuant to paragraph (2) of regulation 3.
(3) Any party may request the marine court to add further questions as questions which the court is to determine and if any other party objects to the addition of those questions the court, after considering the objections, shall determine whether or not those questions shall be questions which it is to determine.
Summons to witness.
Court got bound by rules
of evidence.
Hearing.
Commencement of proceedings.
Cross- examination of witnesses.
Certain ques- tions, etc.
not to be objected to.
Framing of questions for catart
No comments yet.
Private notes are available after approval.