1901_EVIDENCE_ORDINANCE__1889 — Page 13

642

Order for ex- amination of witnesses in

the Colony in tion pending before Court

relation to ar-

of Her Majesty. 22 Virt. c. 20 s. 1.

Order for examination of witnesses

in relation to civil or com- mercial pro- ceedings pending

No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1889. such statement in evidence without further proof of the matters men- tioned in the said section, unless it is proved that such, statement was not duly taken or was not in fact signed by the Magistrate or officer aforesaid purporting to sign the same.

PART IV.

COMMISSIONS TO TAKE EVIDENCE.

38.-(1.) Where, on an application for this purpose, it is made to appear to the Supreme Court or any Judge thereof that any of Her Ma- jesty's courts or tribumals of competent jurisdiction outside the Colony has duly authorized, by commission, order, or other process, the obtain- ing the testimony in or in relation to any civil proceedings pending in or before such court or tribunal of any witness or witnesses out of the jurisdiction of such court or tribunal and within the jurisdiction of the Supreme Court, it shall be lawful for the Supreme Court or any Judge thereof to order the examination before the person or persons appointed, and in manner and form directed by such commission, order, or other process as aforesaid, of such witness or witnesses accordingly, so far as not repugnant to the laws and practice of the Colony.

(2.) It shall be lawful for the said Court or any Judge thereof, by the same or any subsequent order, to command the attendance of any person to be named in such order for the purpose of being examined or of pro- ducing any writings or other documents to be mentioned in such order, and to give all such directions as to the time, place, and manner of such examination and all other matters connected therewith as may appear reasonable and just.

(3.) Any such order may be enforced, and any disobedience thereof punished, in like manner as in case of an order made by the said Court or any Judge thereof in any action or other proceeding depending in the said Court or before any Judge thereof.

any

39.--(1.) Where, on an application by summons for this purpose, it is made to appear to the Supreme Court or any Judge thereof that in the Colony court or tribunal of competent jurisdiction in a foreign country, before which any civil or commercial proceedings are pending, is desirous of obtaining the testimony in relation to such proceedings of any witness or witnesses within the jurisdiction of the Supreme Court, it shall be lawful for the Supreme Court or any Judge thereof to order the examin- ation upon oath, upon interrogatories, or otherwise, before any person or persons named in such order, of such witness or witnesses accord- ingly.

before foreign

tribunal.

19 & 20 Vict.

c. 113 s. 1.

A.D. 1

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