1975-HKRS28-16-23_Part05 — Page 22

Retour BY

(2) In this section---

12

"Registrar" includes a deputy or assistant registrar.

40. The Registrar may, in case of doubt or difficulty, apply ammarily apply for onder. to the High Court for an order for the direction and guidance of a bailiff, and the High Court may make such order in the matter as may seem just ant reasonable,

Famer of Tuch

diselusure. PIC.

of documeILLA before cam- mentru of proceedings. [! 1970

PART VI

DISCOVERY AND RELATED ProcedureS

41. On the application, in accordance with rules of court, of a person Court to order who appears to the High Court to be likely to be a party to subsequent proceedings in that Court in which a claim in respect of personal injuries le a person or in respect of a person's death is likely to be made, the High Court shall, in such circumstances as may be specified in the rules, havo power to order a person who appears to the High Court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim-

Extension of powers of Hab Court to order

closure of do GLEN GRUA, Inspection of property. ELL.

1 1970

► $1.1 12.1

(a) to disclose whether those documents are in his possession, custody

or power; and

(b) to produce to the applicant auch of those documents as are in his

possession, custody or power.

42. (1) On the application, in accordance with rules of court, of a party to any proceedings in which a claim în respect of personal injuries to a person or in respect of a person's death is made, the High Court shall, i such circumstances os may be specified in the rulce, have power to order a person who is not a party to the proceedings and who appears to the High 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-

(2) to disclose whether those documents are in his possession, custody

or power; and

(b) to produce to the applicant such of those documents as are in his

possession. custody or powers.

(2) On the application, in accordance with rules of court, of a party to any such proceedings as are referred to in subsection (1), the High Court shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following matters- (a) the inspection, photographing, preservation, custody and deleation 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 taking of samples of any such property as is mentioned in paragraph (0) end the carrying out of any experiment on or with any such property.

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

(4) In this section--

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

description.

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43. (1) The power to make rules of court under section $4 shall Provisiona

Bupplementary include power to make rules of court as to the circumstances in which an bu deculona order under section 41 or 42 can be made; and any such rules may include a and 42, such incidental, supplementary and consequential provisions as the Rules 1, 1970 Committee may consider necessary or expedient.

(2) Without prejudice to the generality of subsection (1), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under sections 41 and 42 incurred by the person against whom the order is sought shall be awarded to that person uples the High Court otherwise direcis

(3) In sections 41, 42 and 45–

"personal injuries" includes any disease and any impairment of a person's

physical or mental condition.

44. (1) On the application of any person in accordance with rules of court, the High Court shall, in such circumstances as may be specified in the rules, bave power to make an order providing for any one or more of the following matters-

c. 31. ., B.J

Powers of High Court before cond-

EACCEND

mexcemeal of Beloo.

(a) the inspection, photographing, preservation, custody and detention 12, 1949

of property which appears to the Court to be property which may 2 58. 6. 211 become the subjecı maner of subsequent proceedings in the Court, or as to which ány question may arise in any such proceedings; and

(8) the taking of samples of any such property as is mentioned in paragraph (2) and the carrying out of any experiment on or with any such properly.

(2) The power to make rules of court shall include power to make rules of court as to the manner in which ap application for much an onder can be made, and as to the circumskoces in which such an order can be made; and any such rules may include such incidental, supplementary and consequential provisions as the Rules Committee may consider necessary Or expedient.

(3) In this section—

"property" includes any land, chanel or other corporeal property of say

description.

45. (1) Section 44 shall bind the Crown so far as it relates to property (within the meaning of that section) as to which it appears to the High Court that it may become the subject matters of subsequent proceeding involving a claim in respect of personal injuries to a person or in respect of a person's death.

(2) Sections 41, 42 and 43 shall bind the Crown.

(0) The High Court shall not make an order under section 41, 42 or 44 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest,

PART VI

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

Abolition of writs ne exeal

Appledon to Crowd of

Leccion: 41

44.

let. 1970

6, 31, 4 351

46. The writ of ne exear regno is abolished and for the avoidance Abolition of of doubt the writ of me exeat rofonja is also abolished.

vrha me texČNI

ne god and ne

rear colania.