Directory_and_Chronicle_1892 — Page 362

CODE OF CIVIL PROCEDURE-HONGKONG

303

Refusal - Costs.

2.-In case of refusal or neglect to admit, the costs of proof of the Consequence of 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 n get to admit was reasonable.

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where no

3.-No osts of proof o any document or fa t shall be allowed unless Costs of Proof such notice has been given, except in cases where the omission to give the Notice given. noti e has, in the opinion of the Court, produced a saving of expense.

Inspection and Production of Documents.

order.

LX.-The Court may in its dis retion, ou the application of any of Court may the parties to any sit or proceeding, compel any other pa ty to allow the applicant to inspect all or any documents in the cstody or under the control of such other party relating to such suit or proceeding, and, if ne essary, to take examined copies of the same or to pro ure the same to be duly stamped.

2. Whenever any of the parties to a suit is desirous that any docu- Notice to

produce. ment, writing, or othe thing, which he believes to be in the po session or power of another of the pa ties 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 o ument, writing, or other thing to be, with a noti e in writing, calling upon him to pro luce the same.

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3. In case it ha'l appear to the satisfaction of the Court that there is Order to reasonable ground to believe that such document or thing will not be produce.

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 uh notice.

4.-A witness, whether a party or not, sha ! not be bound to produce Documents any document relating to affairs of Sta'e, the production of which would relating to be contrary to good poli y, nor any document hell by him for any other &c. person who woul not be bound to prod we it if in his own possession.

Affairs of State,

sent in Court

5.-Any person present in the Court, whether a party or not, may be Persons pre called upon and compelled by the Court to give evidence, and produce any compelled to do ument then and there in his a tal possession, or in his power, in the give Evidence, same manner an subject to the same rules as if he had been summoned to attend an give evidence, or to produce such document, and may be punished in like manner for any refusal to obey the or·ler of th~ Court.

be summoned

6.—Any person, whether a party to the suit or not, may be sunmoned Persons may to produce a do ument without being summone to give eviden e, an any merely to pro- person summoned merely to produce a document shall be deemed to have dure Docu complie with the summons, if he cause such do ument to be produ ed in-teal of attending p rsonally to pro luce the same.

CHAPTER IX. THE HEARING.

Non-attendance of Parties.

7

inent

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LXI.-When a cause in the hearing-p per ha、 been callel on, if Non-attend nce neither party attend in per-on or by counsel, the Court, on being satisfied of both iaries. that the plaintiff has received noti e of the hearing, shall, unless it sees

gool reason to the contrary, strike the cause out of the haring-paper.

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2.—If the plaintiff does not attend in person or by counsel, the Court, Of Plaintiff. on being satisfied that the plaintiff has receive notice of the hearing, shall, unless it sees good reason to the contrary, strike out the ause, and make suh order ao costs in favour of any def n ant appearing as seems just.

3.-If the plaintiff atten 's, but th defendant or any of the defendants of Defendant. does or do not attend in pe son or by counsel, the Court shal', before hearing the cause, inquire into the serie of the writ of summons and

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petition and of notice of hearing on the absent party or parties.

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