Directory_and_Chronicle_1894 — Page 337

Existing Laws as to Juries,

Rules of Evidence con- tinue in Force.

Power to admit Affidavits.

300

CODE OF CIVIL PROCEDURE-HONGK ONG

7. All the existing laws relating to juries shall be deeme I to continue 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.

Fxisting Rules-New Provisions.

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

2.-The Court shall have power, in its discretion, to permit that the evidence in any case, or as to any particular matter, should be taken by 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 Cross-examins to cross-examination in open Court, unless the Court shall direct the cross-

examination to take place in any other manner.

tions thereon.

Where Cross-

examination

3.-The Court may, in its discretion, if the interests of justice appear not practicable, absolutely so to require, admit an affidavit in evidence, although it is 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.

Order of Court to admit.

Any Person may be sum-

moned by the Court as a Witness.

Court may

relieve Witness

from answer-

ing certain

Questions.

Reasonable

Grounds for

Questions in-

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

5.—If the Court at any time think it necessary for the ends of justice to examine any person other than a party to the suit, and not named as a 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.

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

8.-No such question shall be asked, unless the person asking it has rea- such Question. sonable grounds for believing that the imputation it conveys is well founded. 9. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have 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.

decent and scandalous.

Noodlessly offensive.

In what

Language.

How divided.

Facts known to Witnesses,

Information

from others.

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

Affidavits.

LVI.-Every affidavit used in the Court must be in the English language. 2.-It must be in the first person, and must be divided into paragraphs numbered consecutively.

3.-Every affidavit used in the Court must contain only a statement of facts and circumstances as to which the witness swears, either on his own personal knowledge, or from information which he believes to be true

4.-Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of suc.h person must be stated.