CODE OF CIVIL PROCEDURE-HONGKONG
323
as to Juries.
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 any provision of this code.
CHAPTER VIII.—EVIDENCE AT THE HEARING Existing 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 evid nce in any case, or as to any particular matter, should be taken by Affidavits. affidavit, or that affidavits of any wi nesses be read at the trial: Provided always that every witness making an affidavit so received shall be liable to cros--examination in open Court, unless the Court shall direct the cross-fontein. examinat on to take place in any other manner.
Cross-examina-
examination
3.-The Court may, in its discretion, if the interests of justice appear Where Cross- absolutely so to require, admit an affidavit in evidence, although it is not practicable. shown t at 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 affi lavit of any witness shall be read at the trial under the Order of Court provisions hereinbe' 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.
may be sum-
5.-If the Court at any time think it necessary for the ends of justice Any Person to examine any person other than a party to the suit, and not named as a moned by the witness by a party to the suit, the Court may, of its own accord, canse Court as & snch
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.
6.-Repealed.
7.-Ifa witness basked any question relating to a matter not relevant to the suit or proceeling, except in so far as it affects the credit of th 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.
•
Witness.
Court may relieve Witness ing certain
from answer-
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 founded. 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 decent and 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 issye existed.
scandalous.
10.-The Court shall orbid any question which appears to it to be Needlessly intended to insult gr 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 use in the Court must contain only a statement Facts known to 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 inatter of fact sworn to Information arises from information received from another person, the name of such from others. person must be stated.
11*
No comments yet.
Private notes are available after approval.