Directory_and_Chronicle_1898 — Page 374

CODE OF CIVIL PROCEDURE-HONGKONG

317

when to be

3.—In case of omission, without just cause, to answer sufficiently such Oral Examins- written interrogatories it shall be lawful for the Court, at its discretion, tion of Parties, to direct an oral examination of the interrogated party, as to such point as allowed. they or he tray 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 of being oraly examined as aforesaid, or the production of any writings or other documents to be men ioned 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 shall seem just,

4.-The Court may, on the application o to party interrogated Exceptions to strike out or permit to be amended any interrogatory which, in the opinion Interrogatories. of the Court, may be exceptionable.

fuses to make

5.-Any party to a suit, or other civil proceedings, requiring the Examination of affidavit of a person who refuses to make an affidavit, may apply by sum- Person who re- mous or an order to such person to appear and be examined upon oath au Afidavit. before the Court or Registrar, to whom it may be most convenient to re er such examination, as to the matters concerning which he has refused to make an affidavit; and the Court may, if it think fit, make such order for the attendance o such person be cre the person therein appointed to take such examination, for the purpose of being examined as a oresaid, and for the production o any writings or documents to be mention d in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it s all think just.

6. Upon the application of either party to any suit or ot or civil Discovery of proceeding upon an affidavit of such party of his belief that any document, Documents. to the production o which he is entitled for the pu pose 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 corp rate, shall answer on affidavit, stating what documents he or thy has or have in his or their possession or power relating to the matters in dispute, or what he knows as to the custoly they or any of them are in, and whether he or tey objects or object (an i is 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 Evidence at the aforesaid, shall be filed in Court in the su t or other civil proceeeding, and the Hearing. evidence so taken may be used at the hearing thereof, saving just exceptions.

CHAPTER VI. INTERLOCUTORY PROCEEDINGS Motion and Summons

XLII.-Interlocutory applications may be made at any stage of a suit when to be

made.

or proceeding.

2.-They shall be made either by motion in Court or by sunimous in How to be Chambers, and shall be heade in the suit o other proceeding.

made.

Chambers.

3.—Subject to any general orders, the Court shall, in each case, decide whether in whether the application is a proper one to be made by motion in Court, or Court or by summors 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 mo ion shall be entertained until the party moving has Motion paper filed in the Court a written motion-paper, distinctly stating the terms of the

order sought.

2. --Th › motion may in its ter s ask or an order directing more than Form of. one thing to be done, and may also be in an alternative form asking that

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