CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1203
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.
rules of evidence. H. K. Code, s. 54 (1).
use of evidence de bene esse. [ib. s. 57 (1).
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.
(2).] O.37 r. 5.
request.
320. If in any case the Court so orders, there shall be issued a Letter of request to examine witnesses in lieu of a commission as provided for by any Ordinance relating to evidence.
[cf. No. 2 of 1889.]
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 at once taken: Provided that the Court may, on granting such application, impose any terms or conditions.
* As amended by No. 1 of 1912.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1203
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.
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CHAPTER XIII.
EVIDENCE.
Evidence in General.
318. The existing rules of evidence shall continue in full force and Existing effect so far as they are not modified by any provisions of this Code.
Evidence de bene esse.
rules of evidence. H. K. Code,
s. 54 (1).
use of evidence de benc esse. [ib. s. 57 (1).
319.-(1) Where the circumstances of the case appear to the Taking and 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.
(2).]
0.37 r. 5.
request.
320. If in any case the Court so orders, there shall be issued a Letter of request to examine witnesses in lieu of a commission as provided for ib. r. 64. by any Ordinance relating to evidence.
[cf. No. 2 of 1889.]
*
dence before
brought.
321. Evidence may be taken in like manner, on the application of Taking and any person before action brought, where it is shown upon oath, to use of evi the satisfaction of the Court, that the person applying has good action reason to apprehend that an action will be.brought against him in H. K. Code, the Court, and that some person, within the jurisdiction at the time s. 57 (3). 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 at once taken: Provided that the Court may, on granting such application, impose any terms or conditions
* As amended by No. 1 of 1912.
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