Directory_and_Chronicle_1900 — Page 391

CODE OF CIVIL PROCEDURE—HONGKONG

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impose any terms or conditions with reference to the examination of such witness and admission of his evidence as to the Court may seem reasonable.

Witness Dead, Insane, or not Appearing

Witness in

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

Admission of Documents and Facts

LIX.-Where all parties to a suit are competent to make admission, Notice to admit, 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 Consequence of -document or fact shall be paid by the party refusing or neglecting, what- Refusal-Costs,

ever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

3.-No costs of proof of any document or fact shall be allowed unless Costs of Proof such notice has been given, except in cases where the omission to give the where no

Notice given. notice 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 Court may the parties to any suit or proceeding, compel any other party to allow the order. 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.

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2.-Whenever any of the parties to a suit is desirous that any docu- Notice to ment, writing, or other thing, which he believes to be in the po session or produce, power

of another of the parties thereto, should be pro luced 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 order to reasonable ground to believe that such document or thing will not be pro- produce. 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.

Affairs of State,

4.-A witness, whether a party or not, shall not be bound to produce Documents 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 &c. person who would not be bound to produce it if in his own possession.

compelled to

5. Any person present in the Court, whether a party or not, may be Persons pre- called upon and compelled by the Court to give evidence, and produce any sent in Cour document then and there in his actual possession, or in his power, in the give Evidence. same manner and subject to the same rules as if he had been ummoned 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.

merely to pro-

6.—Any person, whether a party to the suit or not, may be summoned Persons may to produce a document without being summoned to give evidence, and any be summoned person summoned merely to produce a document shall be deemed to have duce Docu complied with the summons, if he cause such document to be produced ments. instead of attending personally to produce the same.