1901_PROBATES_ORDINANCE__1897 — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

292

General powers of enforcing process.

77 s. 25.

No. 2.1 THE ORDINANCES OF HONGKONG: [AD 1.

or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of them affidavits.

(2.) The Court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction.

8. The Court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, for punishing persons failing, neglecting, or refusing to produce deeds, evidences, or writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all decrees and judgments made or given by the Court under Ordinance and otherwise in relation to the matters to be inquired into and done by or under the orders of the Court under this Ordinance are for the time being vested by law in the Supreme Court for such purposes in relation to any action or matter depending in the said Court in its original jurisdiction.

Power of ordering production of writings. Ib. s. 26.

9.(1.). The Court may, on motion or petition or otherwise, in a summary way, whether any action or other proceeding is or is not pending in the Court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the Court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person.

(2.) If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any paper or writing, the Court may direct such person to attend for the purpose of being examined in open Court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing as he would have been subject to in case he had been a party to an action in the Court and had made such default.

10.-(1.) The Registrar of the Supreme Court and any other person whom the Chief Justice may from time to time, under the Seal of the Supreme Court, appoint for that purpose shall respectively have full authority to administer oaths, etc.

Tb. s. 27.

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292 General powers of enforcing process. 77 s. 25. No. 2.1 THE ORDINANCES OF HONGKONG: [AD 1. or after or with or without such examination, cause them or any of them to be examined upon interrogatories or receive their or any of them affidavits. (2.) The Court may by writ require the attendance of any such party or witness, and order to be produced before itself or otherwise any deeds, evidences, or writings, in the same form, as nearly as may be, as in which a writ of subpœna ad testificandum or of subpœna duces tecum is now issued by the Supreme Court in its original jurisdiction. 8. The Court shall have the like powers, jurisdiction, and authority for enforcing the attendance of persons required by it as aforesaid, for punishing persons failing, neglecting, or refusing to produce deeds, evidences, or writings, or refusing to appear, or to be sworn, or to give evidence, or guilty of contempt, and generally for enforcing all decrees and judgments made or given by the Court under Ordinance and otherwise in relation to the matters to be inquired into and done by or under the orders of the Court under this Ordinance are for the time being vested by law in the Supreme Court for such purposes in relation to any action or matter depending in the said Court in its original jurisdiction. Power of ordering production of writings. Ib. s. 26. 9.(1.). The Court may, on motion or petition or otherwise, in a summary way, whether any action or other proceeding is or is not pending in the Court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the Court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person. (2.) If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any paper or writing, the Court may direct such person to attend for the purpose of being examined in open Court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing as he would have been subject to in case he had been a party to an action in the Court and had made such default. 10.-(1.) The Registrar of the Supreme Court and any other person whom the Chief Justice may from time to time, under the Seal of the Supreme Court, appoint for that purpose shall respectively have full authority to administer oaths, etc. Tb. s. 27.
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292 General. powers of enforcing process. 77 s. 25. No. 2.1 THE ORDINANCES OF HONGKONG: [AD 1. or after or with or without such examination, cause them or any of t to be examined upon interrogatories or receive their or any of N affidavits. (2.) The Court may by writ require the attendance of any such pa.. or witness, and order to be produced before itself or otherwise any deer évidences, or writings, in the same form, as nearly as may be, as in which a writ of subpæna ad testificandum or of subpœna duces is now issued by the Supreme Court in its original jurisdiction. 8. The Court shall have the like powers, jurisdiction, and author for enforcing the attendance of persons required by it as aforesaid, for punishing persons failing, neglecting, or refusing to produce desd 20 & 21 Fict. evidences, or writings, or refusing to appear, or to be sworn, or to evidence, or guilty of contempt, and generally for enforcing all decrees, and judgments made or given by the Court under Ordinance and otherwise in relation to the matters to be inquired in and done by or under the orders of the Court under this Ordinance are for the time being vested by law in the Supreme Court for such pu poses in relation to any action or matter depending in the said Cou in its original jurisdiction. Power of ordering production of writings. Ib. s. 26. 9.(1.). The Court may, on motion or petition or otherwise, m summary way, whether any action or other proceeding is or is not pend testamentary ing in the Court with respect to any probate or administration, order person to produce and bring into the Registry, or otherwise as the Cou may direct, any paper or writing being or purporting to be testamentar which may be shown to be in the possession or under the control of such person.- Administra- (2.) If it is not shown that any such paper or writing is in the possession or under the control of such person, but, it appears that there are reasonable grounds for believing that he has knowledge of any paper or writing, the Court may direct such person to attend for th purpose of being examined in open Court or upon interrogatore respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring such paper or writing, and shall be subject to the like process of con tempt in case of default in not attending or in not answering suot questions or interrogatories, or not bringing in such paper or writing he would have been subject to in case he had been a party to an aohon in the Court and had made such default. 10.-(1.) The Registrar of the Supreme Court and any other person tion of oaths," whom the Chief Justice may from time to time, under the Seal of the Supreme Court, appoint for that purpose shall respectively have full etc. Tb. 8. 27.
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292

General. powers of enforcing process.

77 s. 25.

No. 2.1 THE ORDINANCES OF HONGKONG: [AD 1.

or after or with or without such examination, cause them or any of t to be examined upon interrogatories or receive their or any of N affidavits.

(2.) The Court may by writ require the attendance of any such pa.. or witness, and order to be produced before itself or otherwise any deer évidences, or writings, in the same form, as nearly as may be, as in which a writ of subpæna ad testificandum or of subpœna duces is now issued by the Supreme Court in its original jurisdiction.

8. The Court shall have the like powers, jurisdiction, and author for enforcing the attendance of persons required by it as aforesaid, for punishing persons failing, neglecting, or refusing to produce desd 20 & 21 Fict. evidences, or writings, or refusing to appear, or to be sworn, or to

evidence, or guilty of contempt, and generally for enforcing all decrees, and judgments made or given by the Court under Ordinance and otherwise in relation to the matters to be inquired in and done by or under the orders of the Court under this Ordinance are for the time being vested by law in the Supreme Court for such pu poses in relation to any action or matter depending in the said Cou in its original jurisdiction.

Power of ordering production of

writings. Ib. s. 26.

9.(1.). The Court may, on motion or petition or otherwise, m summary way, whether

any action or other proceeding is or is not pend testamentary ing in the Court with respect to any probate or administration, order

person to produce and bring into the Registry, or otherwise as the Cou may direct, any paper or writing being or purporting to be testamentar which may be shown to be in the possession or under the control of such person.-

Administra-

(2.) If it is not shown that any such paper or writing is in the possession or under the control of such person, but, it appears that there are reasonable grounds for believing that he has knowledge of any paper or writing, the Court may direct such person to attend for th purpose of being examined in open Court or upon interrogatore respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring such paper or writing, and shall be subject to the like process of con tempt in case of default in not attending or in not answering suot questions or interrogatories, or not bringing in such paper or writing he would have been subject to in case he had been a party to an aohon in the Court and had made such default.

10.-(1.) The Registrar of the Supreme Court and any other person tion of oaths," whom the Chief Justice may from time to time, under the Seal of the Supreme Court, appoint for that purpose shall respectively have full

etc.

Tb. 8. 27.

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