712
Settlement of action by - mutual
agreement, etc.
H. K. Code, s. 66 (2.), (3.)
Continuance of existing rules of evidence, except as modified. Ib. s. 54 (1.)
Taking and use of evidence de bene esse.
Ib. s. 67 (1.), (2.)
O. 37 r. 5.
Letter of request. Ib. r. 6 A.
See Ordinance No. 2 of 1889.
Taking and use of evidence before action brought.
H. K. Code, s. 57 (3.)
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 190.
317:-(1.) If an action is settled by mutual agreement or compromise or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfaction shall be recorded, and the action shall be disposed of in accordance therewith.
(2.) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor, to the Registrar, together with such particulars as may be required of him within one week after the same has been made, and, in default thereof the plaintiff or his solicitor, as the case may be, shall be deemed guilty of a contempt of Court, and shall be liable to be proceeded against and punished accordingly.
CHAPTER XIII.
EVIDENCE.
Evidence in General.
318. The existing rules of evidence shall continue in full force and effect so far as they are not modified by any provisions of this Code.
Evidence de bene esse.
319.—(1.) Where the circumstances of the case appear to the Court so to require, the Court may take the evidence of any witness or person at any time in the course of the proceedings in any cause before the trial of the cause, or may order that such evidence shall be taken by the Registrar or by any other person, and at any place.
(2.) The evidence shall be taken, as nearly as may be, in the same way as evidence at the trial of an action, and then the note of the evidence shall be read over to the witness and tendered to him for signature; and if he refuses to sign it, the Court, or the Registrar, or such other person, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
320. If in any case the Court so orders, there shall be issued a request to examine witnesses in lieu of a commission as provided for by any Ordinance for the time being in force relating to evidence.
321. Evidence may be taken in like manner, on the application of any person before action brought, where it is shown upon oath, to the satisfaction of the Court, that the person applying has good reason to apprehend that an action will be brought against him in the Court, and that some person, within the jurisdiction at the time of the application, can give material evidence respecting the subject of the apprehended action, but is about to leave the jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it is not taken.
712
Settlement of action by - mutual
agreement, etc.
H. K. Code, 8. 66 (2.), (3.)
Continuance of existing rules of evi- dence, except as modified. Ib. B.. 54 (1.)
Taking and use of evi-
dence de bene esse.
Ib. B. 67 (1.),
(2.)
0.37 r. 5.
Letter of re- quest. Ib. r. 6 A.
See Ordinance No. 2 of 1889.
Taking and use of evi- dence before action brought.
H. K. Code, s. 57 (3.)
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 190. 317:-(1.) If an action is settled by mutual agreement or compromise or if the defendant satisfies the plaintiff in respect of the subject-matter of the action, the agreement, compromise, or satisfaction shall be recort ed, and the action shall be disposed of in accordance therewith.
(2.) Notice of such agreement, compromise, or satisfaction shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor, to the Registrar, together with such particulars as may be required of him within one week after the same has been made, and, in default thereof the plaintiff or his solicitor, as the case may be, shall be deemed guilt of a contempt of Court, and shall be liable to be proceeded against and punished accordingly.
-
CHAPTER XIII.
EVIDENCE.
Evidence in General.
318. The existing rules of evidence shall continue in full force and effect so far as they are not modified by any provisions of this Code.
Evidence de bene esse.
319.—(1.) Where the circumstances of the case appear to the Cour so to require, the Court may take the evidence of any witness or person at any time in the course of the proceedings in any cause before the trial of the cause, or may order that such evidence shall be taken by the Registrar or by any other person, and at any place.
(2.) The evidence shall be taken, as nearly as may be, in the same way as evidence at the trial of an action, and then the note of the evidence shall be read over to the witness and tendered to him for signa ture; and if he refuses to sign it, the Court, or the Registrar, or such other person, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
320. If in any case the Court so orders, there shall be issued a request to examine witnesses in lieu of a commission as provided for by any Ordinance for the time being in force relating to evidence.
321. Evidence may be taken in like manner, on the application of any person before action brought, where it is shown upon oath, to the satis faction of the Court, that the person applying has good reason to apprehend that an action will be brought against him in the Court, and that some person, within the jurisdiction at the time of the application, can give material evidence respecting the subject of the apprehended action, but is about to leave the jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it is no
No comments yet.
Private notes are available after approval.