Directory_and_Chronicle_1889 — Page 955

CODE OF CIVIL PROCEDURE-HONGKONG.

131

2. The summons for setting down the cause for hearing shall specify To be deter- the mode of trial desired by the party making the application.

mined on Summons.

3.-The Court on the hearing of the summons shall make such order Order thereon. as to the mode of trial as it shall think fit: Provided always that if either party shall desire a trial by jury before one of the two judges he shall be entitled thereto as of right.

at any Time.

4.-If it shall appcar expedient at the hearing of any cause before Power of Court the Court without a jury that the cause should be tried with a jury, the to order Jury Court may make such order for the trial of the cause with a jury, and for the adjournment thereof in the meanwhile, on such terms as to costs aud otherwise as it shall deem reasonable.

Jury, by

5.-Either party shall be at liberty to apply to the Court for an order Inspection by for the inspection by the jury, or by himself, or by his witnesses, of any parties, or by moveable or immoveable property, the inspection of which may be material Witnesses, to the proper determination of the question in dispute, and the Court may make such order upon such terms as it may deem just.

Jury.

6. It shall be lawful for the Court to make such rules or orders upon Rale or Order the Sheriff or other person as may be necessary to procure the attendance for summoning of a special or common jury for the trial of any cause or matt r depending in the Court, at such time and place and in such manner as the Court may think fit.

е

as to Juries.

7. All the existing laws relating to juries shall be deemed to continue Existing Laws in full force and effect so far as the same may not be inconsistent with provision of this code.

CHAPTER VIII.

EVIDENCE AT THE HEARING. Existing Rules-New Provisions.

any

Evidence con-

LIV.—The existing rules of evidence shall continue in full force and Rules of effect so far as the same are not modified by any provisions of this code. tinue in Force.

2.-The Court shall have power, in its discretion, to permit that the Power to admit evidence in any case, or as to any particular matter, should be taken by Allidavits, affidavit, or that affidavits of any witnesses be read at the trial: Provided always that every witness making an affidavit so received shall be liable

to cross-examination in open Court, unless the Court shall direct the cross- Cross-examina- examination to take place in any other manner.

tions thereon,

not practicable.

3. The Court may, in its discretion, if the interests of justice appear Where Cross- absolutely so to require, admit an affidavit in evidence, although it is shown axination that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person making the affidavit.

4.-No affidavit of any witness shall be read at the trial under the Order of Court provisions hereinbefore contained, except in pursuance of an order of Court to admit. obtained on summons before trial, unless the Court shall think fit under the circumstances otherwise to direct, upon such terms as seem just.

may be sum-

Court as a Witness.

5.-If the Court at any time think it necessary for the ends of justice Any Person to examine any person other than a party to the suit, and not named as a moned by the witness by a party to the suit, the Court may, of its own accord, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession on a day to be appointed, and may examine such person as a witness.

6.-The following persons only shall be incompetent to testify:

Incompetency (a) Children under seven years of age, unless they shall appear from immature

Age. capable of receiving just impressions of the facts respecting which they are examined and of relating them truly:

(b) Persons of unsound mind, who, at the time of their examina- Or Unsound. tion, appear incapable of receiving just impressions of the aess of Mind. facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind