TNAG-1665-FCO40-2314-Hong-Kong-employment-issues-and-ordinances-foreign-domestic-1987 — Page 35

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Addition of new sections

55A, 55B

and 55C.

Ord. No. 52/87

SUPREME COURT (AMENDMENT)

42. The principal Ordinance is amended by adding, after section 55, the following

"Rules concerning

commencement

of proceedings in respect of estates of

deceased

persons.

1981 c. 54, 5. 87(2).

Rules as to proof of facts and admission of statements in civil proceedings.

(Cap. 8.)

55A. The power to make rules of court under section 54 shall include power by any such rules to make provision---

(a) for enabling proceedings to be commenced in the High Court against the estate of a deceased person (whether by the appointment of a person to repre- sent the estate or otherwise) where no grant of probate or administration has been made; (b) for enabling proceedings purporting to have been commenced in the High Court by or against a person to be treated, if he was dead at their com- mencement, as having been commenced by or against, as the case may be, his estate whether or not a grant of probate or administration was made before their commencement; and

(c) for enabling any proceedings commenced or treated as commenced in the High Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or administration is or has been made, by or against the personal representatives.

55B. (1) The power to make rules of court under section 54 shall include power to make rules regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings in the Court of Appeal in its civil jurisdiction or in the High Court or on any application in connexion with or at any stage of such proceedings.

(2) Provision shall be made by rules of court made by virtue of this section as to the procedure which, subject to any exceptions provided for in the rules, shall be followed and the other conditions which shall be fulfilled before a statement may be given in evidence in civil proceedings by virtue of section 47, 49 or 50 of the Evidence Ordinance.

(3) Rules made in pursuance of subsection (2) shall in particular, subject to such exceptions (if any) as may be provided for in the rules-

(a) require a party to any civil proceedings who desires to give in evidence any such statement as is men- tioned in that subsection to give to every other party to the proceedings such notice of his desire to do so and such particulars of or relating to the statement as may be specified in the rules, including particulars of such one or more of the persons connected with the making or recording of the statement or, in the case of a statement falling within section 50(1) of the

(Cap. 8.)

(Cap. 8.)

(Cap. 8.)

(Cap. 8.)

SUPREME COURT (AMENDMENT)

Ord. No. 52/87

A365

Evidence Ordinance such one or more of the per- sons concerned as mentioned in section 51(3)(c) of the Evidence Ordinance as the rules may in any case require; and

(b) enable any party who receives such notice by counter-notice to require any person of whom par- ticulars were given with the notice to be called as a witness in the proceedings unless that person is dead, or outside Hong Kong, or unfit by reason of his bodily or mental condition to attend as a wit- ness, or cannot with reasonable diligence be iden- tified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he was connected or concerned as described in paragraph (a) and to all the circumstances) to have any recollection of matters relevant to the accuracy or otherwise of the statement.

(4) Rules made in pursuance of subsection (2)— (a) may confer on the Court in any civil proceedings a discretion to allow a statement falling within section 47(1), 49(1) or 50(1) of the Evidence Ordinance to be given in evidence notwithstanding that any require- ment of the rules affecting the admissibility of that statement has not been complied with, but except in pursuance of paragraph (b) of this subsection shall not confer on the Court a discretion to exclude such a statement where the requirements of the rules affecting its admissibility have been complied with; (b) may confer on the Court power, where a party to any civil proceedings has given notice that he desires to give in evidence-

(i) a statement falling within section 47(1) of the Evidence Ordinance which was made by a person, whether orally or in a document, in the course of giving evidence in some other legal proceedings (whether civil or criminal); or

(ii) a statement falling within section 49(1) of the Evidence Ordinance which is contained in a record of any direct oral evidence given in some other legal proceedings (whether civil or criminal),

to give directions on the application of any party to the proceedings as to whether, and if so on what conditions, the party desiring to give the statement in evidence shall be permitted to do so and (where applicable) as to the manner in which that statement and any other evidence given in those other proceed- ings is to be proved; and

(c) may make different provision for different circum- stances, and in particular may make different provision with respect to statements falling within sections 47(1), 49(1) and 50(1) respectively of the Evidence Ordinance,