Directory_and_Chronicle_1896 — Page 353

CODE OF CIVIL PROCEDURE-HONGKONG

313

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 us to Juries.

any provision of this code.

CHAPTER VIII.-EVIDENCE AT THE HEARING. Fxisting Rules-New Provisions.

Evidence con-

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

2.-The Court shall have power, in its discretion, to permit that the Power to admit 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- tions thereon. examination to take place in any other manner.

Cross-examina-

Where Cross-

3. The Court may, in its discretion, if the interests of justice appear examination absolutely so to require, admit an affidavit in evidence, although it is not practicable. 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 herein be' ore 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.-I the Court at any time think it necessary for the en s 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 Witness. any document in his possession on a day to be appointed, and may examine such person as a witness.

6.-Repealed.

relieve itness from answer-

7. It a witness b 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 witness by injuring his character, the Court shall decide whether or not ing certain the witness shall be compelled to a..swer it, and may, if it think fit, warn the witness that he is not obliged to answer it.

Questions.

such Question.

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

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 decert and some bearing on the questions before the Court unless t ey relate to facts in issue, or to matters necessary to be known in order to determmehether or not the facts in iss e existed.

scandalous.

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

LV.-Repealed.

Affidavits.

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

—

How divided.

Witnesses.

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

4.-Wuere the belief in the truth of the matter of fact sworn to Information arises from information received from another person, the name of such from others. person must be stated.