1970-HKRS28-8-37_Part06 — Page 21

Item.

Ordinance.

10

Exkind of

DowĚTI of Court so

order dise

chabere of docameras. Inspection of

property, pe

1970. c. 31, * 11

Amendment,

(5) to produce to the applicant such of those documents 08 are in his possession, custody or power.

198. (1) On the application, in accordance with rules, of a party to any proceedings in which a clalma in respect of personal injuries to a per- son or in respect of a person's death is made, the Court shall, in such circumstances as may be specified in the rules, bave 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 bad in his possession, custody or power any documents which are relevant to an issue arising out of that claim--

(q) to disclose whether those documents ate in his possCS- Gon, custody or power; and (b) to produce to the applicant such of those documents as are in his possession, custody or power.

(2) On the application, in accord. ance with rules, of a party to any such proceedings as are referred to in subsection (1), the Court shall, in such circumstances as may be specifi- ed in the rules, hava power to 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 proceeding:

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

(3) Subsections (1) and (2) are without prejudice to the exercise by

Jtem.

Ordinance.

Provisions

DO

11

Amendmente.

the Court of any power to make orders which is exercisable apart from those provisions.

(4) In this section-

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

19F. (1) The power to make spolerentary civil procedure rules under section 48 190 and 196. shall include power to make rules as 1970, e. 31,

to the circumstances in which an 13.

order under section 19D or 19E 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.

Applices.com

to CIN fection 190 to 19F. 1970, 31.

* 35.

(2) Without prejudice to the generality of subsection (1), civil pro- cedure rules shall or may be made under section 48 for the purpose of ensuring that the costs of and incid· ental to proceedings for an order under section 19D or 192 incurred by the person against whom the order is sought shall be awarded to that person unless the Court otherwise directs.

(3) In sections 19D. 19E and 190- "personal injuries" includes any disease and any impairment of a person's physical or mental condition.

190. (1) Section 19C shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the court that it may become the subject malter of subsequent proceedings in- volving a claim in respect of personal injuries to a person or in respect of a person's death.

(2) Sections 19D, 198 and 19F shall bind the Crown.

(3) A Court shall not make an order under section 19C, 19D or 198 If it considers that compliance with the order, if made, would be likely to be injurious to the public interest.”,