Oral Examina-
tion of Parties, when to be allowed.
Exceptions to Interrogatories.
Examination of
fases to make an Affidavit.
308
CODE OF CIVIL PROCEDURE-HONGKONG
3.-In case of omission, without just cause, to answer sufficiently such written interrogatories it shall be lawful for the Court, at its discretion, to direct an oral examination of the interrogated party, as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such order, or any subsequent order, command the attendance of such party before the person appointed to take such examination, for the purpose o being orally examined as aforesaid, or the production of any writings or other documents to be mentioned in such order, and may impose therein such terms as to such examination, and the cost of the application and of the proceedings thereon, and otherwise, as to such Court sball seem just.
4.-The Court may, on the application of the party interrogated, strike out or permit to be amended any interrogatory which, in the opinion of the Court, may be exceptionable.
5.-Any party to a suit, or other civil proceedings, requiring the Person who re- affidavit of a person who refuses to make an affidavit, may apply by sum- mons for an order to such person to appear and be examined upon oath before the Court or Registrar, to whom it may be most convenient to reter such examination, as to the matters concerning which he has refused to make au affidavit; and the Court may, if it think fit, make such order for the attendance of such person before the person therein appointed to take such examination, for the purpose of being examined as atoresaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it shall think just.
Discovery of Documents.
Evidence at the Hearing.
When to be made.
How to be made.
Whether in
Court or Chambers.
Motion-paper
Form of.
6. Upon the application of either party to any suit or other civil proceeding upon an affidavit of such party of his belief that any document, to the production o which he is entitled for the purpose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for the Court to order that the party against whom such application is made, or if such party is a body corporate that some officer to be named of such body corporate, shall answer on affidavit, stating what documents he or they has or have in his or tueir possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and it so on what grounds) to the production of such as are in his or their possession or power; and upon such affidavit being made, the Court may make such further order thereon as shall be just.
7. All such interrogatories, answers, depositions, and affidavits as aforesaid, shall be filed in Court in the suit or other civil procceeding, and the evidence so taken may be used at the bearing thereof, saving just exceptions.
CHAPTER VI.-INTERLOCUTORY FROCEEDINGS.
Motion and Summons.
XLII.-Interlocutory applications may be made at any stage of a suit
or proceeding.
2. They shall be made either by motion in Court or by summons in Chambers, and s all be headed in the suit or other proceeding.
3.—Subject to any general orders, the Court shall, in each case, decide whether the application is a proper one to be made by motion in Court, or by summons in Chambers, and may, at or before the hearing, if it shall think fit, remove the same into Court or into Chambers, as the case may be.. Motion.
XLIII. No motion shall be entertained until the party moving has filed in the Court a written motion-paper, distinctly stating the terms of the order sought.
2.—The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form asking that
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