Directory_and_Chronicle_1890 — Page 162

Consequence of

132

CODE OF CIVIL PROCEDURE-HONGKONG.

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 neglect to admit was reasonable.

· Costs of Proof where no Notice given.

Court may order.

Notice to produce,

Order to produce.

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 Docnments.

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 parties 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 thing 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 pro- duced 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 bound to produce it if in his own possession.

Documents

relating to

&c.

Persons pre- bent in Court compelled to give Evidence.

Persons may be summoned

merely t pro- "duce Docu-

ments.

Non-attendance

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.

any

6. Any person, whether a party to the suit or not, may be summoned to produce a document without Leing summoned to give evidence, and person summoned merely to produce a document, shall be deemed to have complied with the summons, if he cause such document to be produced instead of attending personally to produce the same.

CHAPTER IX.-THE HEARING. Non-attendance of Parties.

LVI-When a cause in the hearing-paper has been called on, if of both Parties, neither party attend in person or by counsel, the Court, on bei g

satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the be ring-pap r.

'Of Plaintiff.

Of Defendant.

Further Service.

2.-If the plaintiff does not attend in person or by counsel, the Court, on b. ing satisfied that the plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike out the cause, and mako such order as to costs in fivour of any defendant appearing as seems just.

3. If the plaintiff att nds, but the def ndant or any of the d fe dants does or do not attend in person or by counsel, the Court shall, before hearing the cause, inquire into the service of he writ of summons and petition and of notice of hearing on the absent party or parti s.

4.-If not satisfied as to the service on every party, the Court shall direct such further service to be made as it shall think fit, and adjourn the hearing of the cause for that purpose.

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