1970-HKRS28-8-37_Part06 — Page 18

Itern. Ordinance.

Power of

COUNT TO

choder dis

Amendment.

JOD. Oz the application, in accordance with rules of court of a

closure, b person who appears to the court to of documenu be likely to be a

before con- MERCEDENT

of proceedings

1970, c. 31, KIL

Extension of

p of

propens the

1970, e. 31. * 12,

sub. party la sequent proceedings in that court in which a claim in respect of personal injuries to a person or in respect of a person's death is likely to be made, the court shall, in such circumstances as may be specified in the rules, have 1 power to order a person who appears to the court to be likely to be e party to the proceedings and to be likely to have or to have bad in his possession. custody or power any documents which are relevant to an issue arising or likely to arise out of that claim-m

(c) to disclose whether those documents ste in his possEI- sion, custody or power; an (b) to produce to the applicant such of those documents as are in his possession, custody or power.

JOE (1) On the application, în accordance with rules of court, of a order dor party to any proceedings in which a closure of

claim in respect of personal injuries' documenti, inspection of to

A person or in respect of a person's death is made, the court shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising out of that claim-

(a) to disclose whether those documents are in his posses- sion, custody or power; and (6) to produce to the applicant

such of those documents 29 are in his passession, custody of power.

(2) On the application, in ac cordance with rules of court, of a party to any such proceedings as are referred to in subsection (1), the court shall, in such circumstances as may be specified in the rules, have power

Flem

Ordinance.

เง

Provisions

to section

■. 31.

5

Amendoient.

make an order providing for any one or more of the following matters-

(a) the inspection, photograph- ing preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings.

(b) the making of samples of any such property as is mention- ed in paragraph (c) and the carrying out of any experi- ment on or with any such property.

(3) Subsections (1) and (2) are without prejudice to the exercise by the court of any power to make orders which is exercisable apart from those provisions.

(4) In this section-

"property" indudes any land, chattel or other corporeal property of any description.

30F. (1) The power to make Applecotary rules of court under section 38 shall JAD od 10. include power to make rules of court 1970, c. 31.

as to the circumstances in which a order under section 30D or 302 can be made; and any such rules may include such incidental, supplementary and consequential provisions as the authority making the rules may con- sider necessary or expedient.

(2) Without prejudice to the generality of subsection (1), rules of court shall be made under section 38 for the purpose of ensuring that the posts of and incidental to proceedings for an order under section 30D or 30E incurred by the person against whom the arder is sought shall be awarded to that person unless the court otherwise directs.