Statement admissible by virtue of
section 38D: contents of notice.
0. JR. 1. 23.
(c) the substance of the statement or, if material, the words
used.
(2) If the statement is admissible by virtue of section 38B of the Ordinance and was made in a document, a copy or transcript of the document, or of the relevant part thereof, shall be annexed to the notice and the notice shall contain such (if any) of the particulars mentioned in sub-paragraphs (a) and (b) of paragraph (1) as are not apparent on the face of the document or part.
(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 7 the notice shall contain a statement to that effect specifying the reason relied on.
5. (1) If the statement is admissible by virtue of section 38D of the Ordinance the notice shall have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and shall contain-
(a) particulars of-
()the person by whom the record containing the statement was compiled:
(ii) the person who originally supplied the informa- tion from which the record was compiled; and
(ii) any other person through whom that information was supplied to the compiler of that record;
and, in the case of any such person as is referred to in sub-paragraph (i) or (iii), a description of the duty under which that person was acting when compiling that record or supplying information from which that record was compiled, as the case may be;
(b) if not apparent on the face of the document annexed to the notice, a description of the nature of the record which, or part of which, contains the statement; and
(c) particulars of the time, place and circumstances at or in
which that record or part was compiled.
(2) If the party giving the notice alleges that any person. particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 7, the notice shall contain a statement to that effect specifying the reason relied on.
5
6. (1) If the statement is contained in a document produced by a computer and is admissible by vinue of section 38E of the Ordinance, the notice shall have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and shall contain particulars of--
(a) a person who occupied a responsible position in relation to the management of the relevant activities for the purposes of which the computer was used regularly during the material period to store or process information:
(6) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived;
(c) a person who occupied such a position in relation to the operation of the computer during the material period.
and where there are two or more persons who fall within sub- paragraph (2). (b) or (c) and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice shall be such one of those persons as is at thai date so capable.
(2) The notice shall also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents.
(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called us a witness at the trial or hearing for any of the reasons specified in rule 7, the notice shall contain a statement to that effect specifying the reason relied on.
7.
The reasons referred to in paragraph (3) of rule 4. paragraph (2) of rule 5 and paragraph (3) of rule 6 are that the person in question is dead, or beyond the seas, or unlit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollection of matters relevant to the accuracy or otherwise of the statement to which the notice relates.
Statement
admissible by virtue of section 38E: contents of notice. 0.38, r. 24.
Reasons for
not calling a person 89
a witness. 0.18. r. 25.
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