Application DO
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Evidence for civil proceedings
75. Where an application is made to the High Court the High Court for an order for evidence to be obtained in Hong Kong and
the court is satisfied-
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I call evidence for
in other court.
1975 c. 34. * 1.
Power of a
court in Hong Koon to give effect to w appbcadon for
(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal ("the requesting court") exercising jurisdiction m a country or territory outside Hong Kong; and (b) that the ovidence to which the application relates is to be obtained for the purposes of civil proceed- ings which either have been instituted before the requesting court or whose institution before that court is contemplated,
the High Court shall have the powers conferred on it by this Part.
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76. (1) Subject to this section, the High Court shall have power, on any such application as is mentioned in section 75, by order to make such provision for abtaloing evidence in Hong Kong as may appear to the court to be appropriate for the purpose of giving effect to the request in 1975 c. 34, & 2. pursuance of which the application is made; and any ruch order may require a person specified therein to take such aleps as the court considers appropriate for that purpose.
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(2) Without prejudice to the generality of subsection (1) but subject to this section, an order under this section may, in particular, make provision--~--~
(a) for the examination of witnesses, either orally or
ja writing;
(b) for the production of documents;
(c) for the Inspection, photographing, preservation,
custody or detention of any properly;
(d) for the taking of samples of any property and the carrying out of any experiments on or with any property:
(e) for the medical examination of any person.
(3) An order under this section shall not require say particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the court making the order (Whether or not proceedings of the same description as those to which the application for the order relates); but this subsection shall not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath where this is asked for by the requesting court,
(4) An order under this section shall not require a person
(2) to state what documents relevant to the proceedings to which the application for the order relates are or have been in his possession, custody or power; or (b) to produce any documents other than particular documents specified in the order as being documents appearing to the court making the order to be, or to be likely to be, in his possession, custody or power.
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(5) A person who, by virtue of an order under this section, is required to attend at any place shall be entitled to the like conduct moncy and payment for expenses and loss of time as on attendance as a witness in civil proceed- ings before the High Court.
Pilvilers at
77. (1) A person shall not be compelled by virtue of welun palies.
an order under section 76 to give any evidence which he 1975 c. 34. ». 3, could not be compelled to give-
Effect of dubplotná,
Jer. 1975 € 34. **J
Power of Hong Kong po p
abcatalog Evidence for c) proceeding
Edi un merness court.
1975 c. 34. 65.
(a) în civil proceedings in Hong Kong; or
(8) subject to subsection (2), in civil proceedings in the country or territory in which the requesting court exercises jurisdiction,
(2) Subsection (1)(b) shall not apply unless the claim of the person in question to be exempt from giving the evidence is either
(a) supported by a statement contained in the request (whether it is so supported unconditionally or sub- ject to conditions that are fulfilled); or
(6) conceded by the applicant for the order; and where such a claim made by any person is not supported or conceded as aforesaid he may (subject to the other pro- visions of this section) be required to give the evidence to which the claim relates but that evidence shall not be trans- mitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
(3) Without prejudice to subsection (1), a person shall not be compelled by virtue of an order under section 76 to give any evidence if his doing so would be prejudicial to the security of Hong Kong; and a certificate signed by or on behalf of the Chief Secretary to the effect that it would be so prejudicial for that person to do so shall be conclusive evidcace of that fact,
(4) In this section references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the trans- mission of evidence given by a person shall be construed accordingly.
77A. For the purposes of this Part, a reference in a subpoena to attendance at a trial shall be construed as if it included a reference to attendance before an examiner or commissioner appointed by the court or a judge thereof in any cause or matter in that court.
Evidence for criminal proceedings
778. (1) The provisions of sections 75, 76 and 77 shall have effect in relation to the obtaining of evidence for the purposes of criminal proceedings as they have effect in rela- tion to the obtaining of evidence for ibe purposes of civil proceedings except that-
(0) paragraph (b) of section 75 shall apply only to
proceedings which have been instituted; "and
(5) no order under section 76 shall make provision otherwise than for the examination of witnesses, either orally or in writing, or for the production of documents,
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