A366
Ord. No. 52/87
(Cap. 8.)
(Cap. 8.)
(Cap. 8.)
SUPREME COURT (AMENDMENT)
and any discretion conferred on the Court by rules may be either a general discretion or a discretion exercisable only in such circumstances as may be specified in the rules.
(5) Rules made by virtue of this section may make provision for preventing a party to any civil proceedings (subject to any exceptions provided for in the rules) from adducing in relation to a person who is not called as a witness in those proceedings any evidence which could otherwise be adduced by him by virtue of section 52 of the Evidence Ordinance unless that party has in pursuance of the rules given in respect of that person such a counter-notice as is mentioned in subsection (3)(b).
(6) In deciding for the purposes of any rules made by virtue of this section whether or not a person is fit to attend as a witness, the Court may act on a certificate purporting to be a certificate of a registered medical practitioner.
(7) Insofar as they relate to statements (whether of fact or opinion) contained in expert reports, rules made as to the procedure to be followed and the other conditions to be fulfilled before a statement can be given in evidence in civil proceedings by virtue of section 47 of the Evidence Ordinance shall not be subject to the requirements of rules made in pursuance of subsection (3).
(8) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated civil proceedings or in connexion with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, provision may be made by rules made by virtue of this section---
(a) for enabling the Court in any civil proceedings to direct, with respect to medical matters or matters of any other class which may be specified in the direc- tion, that the parties or some of them shall each by such date as may be so specified (or such later date as may be permitted or agreed in accordance with the rules) disclose to the other or others in the form of one or more expert reports the expert evidence on matters of that class which he proposes to adduce as part of his case at the trial; and
(b) for prohibiting a party who fails to comply with a direction given in any such proceedings under rules made in pursuance of paragraph (a) from adducing in evidence by virtue of section 47 of the Evidence Ordinance except with the leave of the Court, any statement (whether of fact or opinion) contained in any expert report whatsoever in so far as that statement deals with matters of any class specified in the direction.
(9) Provision may be made by rules made by virtue of this section as to the conditions subject to which oral expert evidence may be given in civil proceedings.
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SUPREME COURT (AMENDMENT)
Rules as to stop orders and notices.
1979 c. 53,
s. 5.
Ord. No. 52/87
A367
(10) Without prejudice to the generality of subsection (9) rules made in pursuance of that subsection may make provi- sion for prohibiting a party who fails to comply with a direction given as mentioned in subsection (8)(b) from adduc- ing, except with the leave of the Court, any oral expert evidence whatsoever with respect to matters of any class specified in the direction.
(11) Any rules made by virtue of this section may make different provision for different classes of cases, for expert reports dealing with matters of different classes, and for other different circumstances.
(12) In this section references to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
55C. (1) In this section---
"stop order" means an order of the High Court prohibiting the taking, in respect of any of the securities specified in the order, of any of the steps mentioned in subsection (4);
"stop notice" means a notice requiring any person on whom it
is duly served to refrain from taking, in respect
of any the securities specified in the notice, any of the steps mentioned in subsection (4) without first notifying the person by whom, or on whose behalf, the notice was served; and
of
"prescribed securities" means securities (including funds in court) of a kind prescribed by rules of court made by virtue of this section.
(2) The power to make rules of court under section 54 shall include power by any such rules to make provision-
(a) for the Court to make a stop order on the applica- tion of any person claiming to be entitled to an interest in prescribed securities; and
(b) for the service of a stop notice by any person claiming to be entitled to an interest in prescribed securities.
(3) Rules of court made by virtue of this section shall prescribe the person on whom a copy of any stop order or stop notice is to be served.
(4) The steps mentioned in subsection (1) are—
(a) the registration of any transfer of the securities;
(b) in the case of funds in court, the transfer, sale, delivery out, payment or other dealing with the funds, or of the income thereon;
(c) the making of any payment by way of dividend, interest or otherwise in respect of the securities; and
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