Directory_and_Chronicle_1889 — Page 958

Court may impos. Terms.

Evidence of Witness in former Pro. ceedings.

Proviso as to Subject Matter.

Notice to admit.

Consequence of

131

CODE OF CIVIL PROCEDURE-HONGKONG.

person applying will lose the benefit of his evidence if it be not at once taken: Provided always that the Court may, upon granting such applica- tion, impose any terms or conditions with reference to the examination of such witness and admission of his evidence as to the Court may seem reasonable.

Witness Dead, Insane, or not Appearing

LVII-Where any person who might give evidence in any suit or matter is dead, or insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court, can- not appear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judi- cial proceeding: Provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit and that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is to be given.

Admission of Documents and Facts.

LIX.-Where all parties to a suit are competent to make admission, any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any documents, or any fact, saving just exceptions.

2. In case of refusal or neglect to admit, the costs of proof of the Refusal---Costs. document or fact shall be paid by the party refusing or neglecting, what- ever be the result of the cause, unless the Court is of opinion that the refusal or nelect to admit was reasonable.

Costs of Proof where no Notice given.

Court may order.

Notice to produce.

Or 'er to produce.

Documents relating to

3.-No costs of proof of any document or fact shall be allowed unless such notice has been given, except in cases where the omission to give the notice has, in the opinion of the Court, produced a saving of expense.

Inspection and Production of Documents.

LX.-The Court may, in its discretion, on the application of any of the parties to any suit or proceeding, compel any other party to allow the applicant to inspect all or any documents in the custody or under the control of such other party relating to such suit or proceeding, and, if necessary, to take examined copies of the same or to procure the same to be duly stamped.

2.—Whenever any of the prrties to a suit is desirous that any docu- ment, writing, or other thing, which he believes to be in the possession or power of another of the parties thereto, should be produced at any hearing of the suit, he shall, at the earliest opportunity, serve the party in whose possession or power he believes the document, writing, or other things to be, with a notice in writing, calling upon him to produce the same.

3. In case it shall appear to the satisfaction of the Court that there is reasonable ground to believe that such document or thing will not be produced pursuant to such notice, the Court may make an order for the production of the same at the hearing of the suit by the party served with

such notice.

4.-A witness, whether a party or not, shall not be bound to produce Affairs of State, any document relating to affairs of State, the production of which would be contrary to good policy, nor any document held by him for any other person who would not be found to produce it if in his own possession.

&c.

Persons pre- sent in Court compelled to give Evidence.

5.-Any person present in the Court, whether a party or not, may be called upon and compelled by the Court to give evidence, and produce any document then and there in his actual possession, or in his power, in the same manner and subject to the same rules as if he had been summoned to attend and give evidence, or to produce such document, and may be punished in like manner for any refusal to obey the order of the Court.