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CODE OF CIVIL PROCEDURE-HONGKONG.

129

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 any provision of this code.

CHAPTER VIII.-EVIDENCE AT THE HEARING.

Existing Rules-New Provisions.

Evidence con>>

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

2. The Court shall have power, in its discretion, to permit that the Power to admi evidence in any case, or as to any particular matter, should be taken by Affidavits, 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 examination shown 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 her inbefore 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.

moned by the

5.-If the Court at any time think is necessary for the ends of justice Any Person to examine any person other than a party to the suit, and not named as a may be sum- witness by a party to the suit, the Court. may, of its own accord, cause Court as a 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.

appear

Witness.

Incompetency from immature - Age,

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

(a.) Children under seven years of age, unless they shall

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 ness of Mind facts respecting which they are examined or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness, without the

consent previously obtained of the Court or person before whom his attendance is required.

from answer-

7.--If a witness be asked any question relating to a matter not relevant court may to the suit or proceeding, except in so far as it affects the credit of the reheve Witnes. witness by injuring his character, the Court shall decide whether or not ing certain the witness shall be compelled to answer it, and may, if it think fit, warn Questions. the witness that he is not obliged to answer it.

8.-No such question shall be asked, unless the person asking it has Reasonable reasonable grounds for believing that the imputation it conveys is well Grounds for founded.

auch Question,

scandalous.

9.-The Court may forbid any questions or inquiries which it regards Questions in as indecent or scandalous, although such questions or inquiries may have decent and some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

Needlessly

10. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper it itself, appears to offensive. the Court needlessly offensive in form.

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