THE HONGKONG GOVERNMENT GAZETTE, APRIL 2, 1909.
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A BILL
ENTITLED
An Ordinance to amend the Code of Civil
Procedure.
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as Follows:-
1. This Ordinance may Le cited as the Civil Procedure Short title. (Evidence on Commission) Ordinance 1909.
2. Section 326 of the Code of Civil Procedure is hereby Additional amended by the addition of the following section to be section to
the Code numbered 326 (a) and which shall be read and inserted of Civil after the said section:-
"Where under the Evidence Ordinance 1889 or the Act of the Imperial Parliament styled the Extradition Aet 1870 section 24 any civil or commercial matter or any criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the Court by Commission Rogatoire, or Letter of Request, or other evidence as hereinafter provided, that such court or tribunal is desirous of obtaining the testimony in relation to such matter of any witness or witnesses whilin the jurisdiction, the Court may, on the ea porte application of any person shown to be duly authorised to make the application ou behalf of such foreign court or tribunal, and on production of the Commission Rogatoire, or Letter of Request, or of a certficate signed in the manner, and certifying to the effect mentioned in Section 40 of the Evidence Ordinance 1889 or such other evidence as the Court may require, make such order or orders as may be necessary to give effect to the intention of the statutes above mentioned in conformity with Section 39 of the said Evidence Ordinance 1889.
(2.) An order made under this section shall be in Form numbered 49 in the Schedule to this Code which may be cited as Form No. 49 with such variations as circumstances may require.
(3.) The examination may he ordered to be taken before any fit and proper person nominated by the person applying or such other qualified person as to the Court may seem fit' (4.) Unless otherwise provided in the order for examina- tion, the person, before whom the examination is taken, shall, on its completion, forward the same to the Registrar of the Supreme Court, and on receipt thereof, the Registrar shall append thereto a certificate, in Form numbered 50 in the Schedule to this Code which may be cited as Form No. 50 with such variations as circumstances may require, duly sealed with the seal of the Supreme Court for use out of the jurisdiction, and shall forward the depositions so certified, and the Commission Rogatoire or Letter of Re- quest, if any, to the Colonial Secretary, for transmission to to court or tribunal requiring the sume.
(5.) An Order made under this section may, if the Court shall think fit, direct the said examination to be taken in such " manner as may be requested by the Commissiou Rogatoire or Letter of Request from the foreign court, or therein signified to be in accordance with the practice or require- ments of such court or tribunal, or which may, for the same reason, be requested by the applicant for such Order. But in the absence of any such special dirctions being given in the Order for examination the same shall be taken as nearly as possible in accordance with the provisions from time to time in force of Order 37 part 2 of the Rules and Orders of Practice of the Supreme Court in England.
(6.) Where a Commission Rogatoire, or Letter of Re- quest, as mentioned in this section is transmitted to the Supreme Court by the Governor with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in Hongkong of any of the parties to the action or matter in the foreign country, the Registrar shall transmit the same to the Crown Solicitor who may thereupon make such applications and take such steps as may be necessary to give effect to such Commission Rogatoire, or Letter of Request, in accordance with this section.
Procedure.
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