714
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901.
admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
Rules as to form and substance of affidavit. H. K. Code, s. 56 (1.)-(4.) O. 38 rr. 7, 8.
Re-writing of defective affidavit. s. 56 (5.)
328.-(1.) Every affidavit used in the Court shall be in the English language.
(2.) It shall be drawn up in the first person, and shall be divided into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3.) It shall state the description and true place of abode of the deponent.
(4.) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5.) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
329. Where there are any interlineations, alterations, or erasures, so that the affidavit proposed to be sworn is illegible or difficult to read, or is, in the judgment of the officer before whom it is proposed to be sworn, so written as to give any facility for being added to or in any way fraudulently altered, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner. H. K. Code, Alteration in affidavit. O. 38 r. 12.
330. No affidavit having in the body or jurat thereof any interlineation, alteration, or erasure shall, without leave of the Court, be read or made use of in any matter depending in the Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.
331. Any affidavit sworn before any judge, officer, or other person in the United Kingdom or in any British possession authorized to take affidavits, or before any commissioner duly authorized by the Supreme Court to take affidavits in the United Kingdom or in any British possession, may be used in the Court in all cases where affidavits are admissible. H.K. Code, s. 56 (6.) Swearing of affidavit and use thereof.
332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the court or by the attestation of a British consul or other person authorized to administer oaths in the foreign parts, may be used in the Court.
714
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901. admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
Rules as to form and
substance of
affidavit. H. K. Code, 8. 56 (1.)-(4.)
0. 38 rr. 7, 8.
Re-writing of defective affidavit.
s. 56 (5.)
328.-(1.) Every affidavit used in the Court shall be in the English language.
(2.) It shall be drawn up in the first person, and shall be divided into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3.) It shall state the description and true place of abode of the deponent.
(4.) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5.) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
329. Where there are any interlineations, alterations, or erasures, so that the affidavit proposed to be sworn is illegible or difficult to read, or H. K. Code, is, in the judgment of the officer before whom it is proposed to be sworn, so written as to give any facility for being added to or in any way fraudulently altered, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner.
Alteration in affidavit. 0.38 r. 12.
Swearing of affidavit in the King's dominions,
330. No affidavit having in the body or jurat thereof any interlinea tion, alteration, or erasure shall, without leave of the Court, be read or made use of in any matter depending in the Court unless the interlinea tion or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.
331. Any affidavit sworn before any judge, officer, or other person in the United Kingdom or in any British possession authorized to take affidavits, or before any commissioner duly authorized by the Supreme Court to take affidavits in the United Kingdom or in any British H.K. Code, possession, may be used in the Court in all cases where affidavits are
and use thereof.
B. 56 (6.)
Swearing of
admissible.
332. Any affidavit sworn in any foreign parts out of His Majesty affidavit out dominions before a judge or magistrate, being authenticated by the officia.
of the King's
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