1969-HKRS30-16-29_Part07 — Page 17

Citation and commencement.

Interpretation and application.

*0. 3. T. 2K2).

Notice of intention to give certain sla terments in evidence.

0. 38. 1. 21.

EVIDENCE ORDINANCE.

(Chapter 8).

EVIDENCE (HEARSAY) RULES 1970.

In exercise of the powers conferred by section 38R of the Evidence Ordinance, the Chief Justice has made the following rules

1. These rules may be cited as the Evidence (Hearsay) Rules 1970 and shall come into operation on the 1st day of December 1970.

Z. (1) In these rules, unless the context otherwise requires— "cause" means any action, suit or other original proceeding

between a plaintiff and a defendant:

"court" means—

(a) the Supreme Court and any of the judges sitting together

or separately, in court or in chambers; or

(b) the District Court and any District Judge sitting in court

or in chambers,

whichever is appropriate;

"matter" includes every proceeding in the court not in a cause.

(2) These rules shall apply in relation to-

(a) the trial or hearing in the Supreme Court or the District Court of an issue or question arising in a cause or matter; and

(b) a reference, inquiry and assessment of damages in the Supreme Court, as it applies in relation to the trial or hearing of a cause or matter.

3. (1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement which is admissible in evidence by virtue of section 38B. 38D or 38E of the Ordinance shall

(a) in the case of a cause or matter in the Supreme Court which is required to be set down for trial or hearing or adjourned into court, within twenty-one days after it is set down or so adjourned, or within such other period as the court may specify; and

* Note! The marginal references, c.g. "O. 38, r. 20(2)", are 10 the

English Rules of the Supreme Court 1965, as amended.

3

(b) in the case of any other cause or matter in the Supreme Court, within twenty-one days after the date on which an appointment for the first hearing of the cause or matter is obtained, or within such other period as the court may specify, or

(c) in the case of any cause or matter in the District Court, within seven days after it is set down or so adjourned, or within such other period as the court may specify.

serve on every other party to the cause or matter police of his desire to do so, and the notice shall comply with the provisions of rule 4. $ or 6, as the circumstances of the case require.

(2) Paragraph (1) shall not apply in relation to any statement which is admissible as evidence of any fact stated therein by virtue not only of section 388, 38D or 38E of the Ordinance but by virtue also of any other statutory provision within the meaning of section 38A of the Ordinance.

(3) Paragraph (1) shall not apply in relation to any statement which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.

(4) Where by virtue of any provision of these rules or of any order or direction of the court the evidence in any proceedings is to be given by affidavit then, without prejudice to paragraph (2), paragraph (1) shall not apply in relation to any statement which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings, but nothing in this paragraph shall affect the operation of Order 41, rule 5. of the Rules of the Supreme Court or the powers of the court under Order 38, rule 3, of the Rules of the Supreme Court.

(5) Order 65. rule 9, of the Rules of the Supreme Court shall not apply to a notice under this rule but the court may direct that the notice need not be served on any party who at the time when service is to be effected is in default as to entry of appearance or who has no address for service.

4. (1) If the statement is admissible by virtue of section 38B of the Ordinance and was made otherwise than in a document, the notice shall contain particulars of---

(a) the time, place and circumstances at or in which the

statement was made;

(b) the person by whom and the person to whom, the state-

ment was made; and

(Cap. 4. kub. HE)

Statement admissible by virtue of section 38: contents of notice.

0. 38. T. 22.