Directory_and_Chronicle_1894 — Page 339

Evidence of Witness in former Pro- ceedings.

302

CODE OF CIVIL PROCEDURE—HONGKONG

pose any terms or conditions with reference to the examination of such wit- ness and admission of his evidence as to the Court may seem reasonable. Witness Dead, Insane, or not Appearing.

LVIII.-Where any person who might give evidence in any suit or matter is dead, insane, or unavoidably absent at the time his evidence might be taken, or for a.y reason considered sufficient by the Court, can- not appear to give evidence in the suit or matter, the Court may, if it thinks tit, receive proof of any evidence given by him in any former judi- cial proceeding: Provided that the subject matter of such former judicial Subject Matter. 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.

Proviso as to

Notice to admit.

Consequence of

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 n g'ect to admit was reasonable.

Costs of Proof where no Notice given.

Court may order,

Notice to produce,

Order to produce.

3.--Noosts of proof of any document or fat shall be allowed unless such notice has been given, except in cases where the omission to give the noti e 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 parties to a suit is desirous that any docu- ment, writing, or othe thing, which he believes to be in the possession 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 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 relating to

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

&c.

Persons pre- sent in Court compelled to give Evidence,

Persons may be summoned

merely to pro- duce Doca- ments.

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.

6. Any person, whether a party to the suit or not, may be summoned to produce a document without being summoned to give evidence, and any 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.