THE HONGKONG GOVERNMENT GAZETTE, MAY 28, 1909.
of the Commission Rogatoire, or Letter of Request, or of a certificate 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 be 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 ont 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 the court or tribunal requiring the same.
(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 Commission 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 directions 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.
(7.) The provisions of this section shall apply, as far as may be, to applications under Section 38 of the Evidence Ordinance 1889 for the purpose of giving effect to any Commission Rogatoire or Letter of Request from any British Tribunal out of the jurisdiction.
3. Section 569 of the Code of Civil Procedure is hereby amended by adding thereto as sub-sections (3) and (4) the following words :—
(3.) When a defendant is committed to prison under sub-section (2) the Court shall fix whatever monthly allowance it may think sufficient for his subsistence, not exceeding twenty-five cents per diem, which shall be paid by the plaintiff to the Superintendent of the Gaol by monthly payments in advance before the first day in each mouth, the first payment made to be for such portion of the current mouth as may remain unexpired before the defendant is coin- mitted to prison.
(4.) Every defendant imprisoned under sub-section (2) shall be released at any time on the plain- tiff omitting to pay his subsistence money. Passed the Legislative Council of Hongkong, this 27th day of May, 1909.
C. CLEMENTI,
Clerk of Councils,
Assented to by His Excellency the Governor, the 28th day of May, 1909.
F. II. MAY, Colonial Secretary,
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