-702
No. 3.]
Taking of evidence by affidavit. H. K. Code, s. 48 (1.) Cross-examination of person making affidavit. O.38 r. 1.
Taking of evidence vivâ voce. H. K. Code, s. 46.
Preservation, etc., of subject-matter of disputed contract. O. 50 r. 1.
Sale of perishable goods, etc. Ib. r. 2.
Detention, preservation, or inspection of property, the subject of cause or matter.. Ib. r. 3.
THE ORDINANCES OF HONGKONG: [A.D. 1901
Evidence in Interlocutory Proceedings.
262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.
263. The Court may, on the application of any party, order the attendance before it for cross-examination of any person making affidavit.
264-(1.) The Court may, if it thinks it expedient, summon any person to attend to produce any document before it or to be examined vivâ voce by or before it, in like manner as at the trial of an action.
(2.) Such notice as the Court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the Court may consider entitled to inspect the document to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.
(3.) The evidence of a witness on any such examination, or on any cross-examination under the last preceding section, shall be taken in like manner, as nearly as may be, as at the trial of an action.
Interlocutory Order.
265. When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured.
266. It shall be lawful for the Court, on the application of any party to a cause or matter, to make any order for the sale, by any person named in such order and in such manner and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to be injured by keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.
267. It shall be lawful for the Court, on the application of any party to a cause or matter and on such terms as may be just, to make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorize any person to enter upon or into any land or building the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorize any samples to be taken, or any ...
-702
No. 3.]
Taking of
evidence by affidavit. H. K. Code, 8. 48 (1.) Cross-exami-
nation of per son making affidavit.
0.38 r. 1.
Taking of evidence vivd voce.
H. K. Code,
B. 46.
Preservation,
etc., of sub- ject-matter of disputed
contract. 0. 50 r. 1.
Sale of perishable goods, etc. lb. r. 2.
Detention, preservation,
or inspection of property, the subject of cause or matter.. Ib. r. '3.
THE ORDINANCES OF HONGKONG: [A.D. 1901
Evidence in Interlocutory Proceedings.
262. The evidence at the hearing of any interlocutory or other application in a cause or matter shall generally be by affidavit.
263. The Court may, on the application of any party, order the attendance before it for cross-examination of any person making. affidavit.
264-(1.) The Court may, if it thinks it expedient, summon any person to attend to produce any document before it or to be examined vivá voce by or before it, in like manner as at the trial of an action.
(2.) Such notice as the Court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the Court may consider entitled to inspect the document to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.
(3.) The evidence of a witness on any such examination, or on any cross-examination under the last preceding section, shall be taken in like manner, as nearly as may be, as at the trial of an action.
Interlocutory Order.
265. When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court or otherwise secured.
266. It shall be lawful for the Court, on the application of any party to a cause or matter, to make any order for the sale, by any person named in such order and in such manner and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to be injured by keeping, or which for any other just and sufficient reason it may be desirable to have sold at
once.
267. It shall be lawful for the Court, on the application of any party to a cause or matter and on such terms as may be just, to make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter or as to which any question may arise therein, and for all or any of the purposes aforesaid to authorize any person to enter upon or into any land or building the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorize any samples to be taken, or any
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