Directory_and_Chronicle_1889 — Page 950

Power to deliver written Inter- rogatories to

126

CODE OF CIVIL PROCEDURE-HONGKONG,

Interrogatories-Discovery-Unwillig Witness.

XLI.-In all suits, the plaintiff and the defend it, or either of them, may, by order of the Court, deliver to the opposite party or his attorney opposite Party. (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or in the case of a body corporate, any of the officers of such body corporate, within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all questions as to which a dis- covery may be sought within the above time, or such extended time as the Court shall allow, shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded against accordingly.

Affidavit by Party propos ing to interro- gate and his Attorney.

Oral Examina- tion of Parties when to be allowed.,

2.-The application for such order shall be made upon an affidavit of the party proposing to interrogate, and his attorney or agent, or in the case of a body corporate, of their attorney or agent, stating that the deponent believes that the party proposing to interrogate, whether plaintiff or defendant, will derive material benefit in the cause from the discovery which he seeks, that there is a good cause of action or defence upon the merits, and if the application be made on the part of the defendant, that the discovery is not sought for the purpose of delay: Provided that where it shall happen, from unavoidable circumstances, that the plaintiff or defendant cannot join in such affidavit, the Court may, if it think fit upon affidavit of such circumstances by which the party is prevented from so joining therein, allow and order that the interrogatories may be delivered without such affidavit.

3.-In case of omission, without just cause, to answer sufficiently such written interrogatories it shall be lawful for the Court, at its discretion, to direct an oral examination of the interrogated party, as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such order, or any subsequent order, command the attendance of such party before the person appointed to take such examination, for the pur- pose of being orally examined as aforesaid, or the production of any writings or other documents to be mentioned in such order, and may impose therein such terms as to such examination, and the cost of the application and of the proceedings thereon, and otherwise, as to such Court shall seem just.

4. The Court may, on the application of the party interrogated, Interrogatories. strike out or permit to be amended any interrogatory which, in the opinion

of the Court, may be exceptionable.

Exceptions to:

!

Examination

of Person who

refuses to make an Affidavit,

Discovery of Documents.

5.-Any party to a suit, or other civil proceedings, requiring the affidavit of a person who refuses to make an affidavit, may apply by sum- mons for an order to such person to appear and be examined upon oath before the Court or Registrar, to whom it may be most convenient to refer such examination, as to the matters concerning which he has refused to make an affidavit: and the Court may, if it think fit, make such order for the attendance of such person before the person therein appointed to take such examination, for the purpose of being examined as aforesaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it shall think just.

6. Upon the application of either party to any suit or other civil prooceding upon an affidavit of such party of his belief that any document, to the production of which he is entitled for the purpose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for the Court to order that the party against whom such application is made, or if such party is a body corporate that some officer to be named