1912_CODE_OF_CIVIL_PROCEDURE — Page 74

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1205

other evidence as hereinafter provided, that such Court or Tribunal is desirous of obtaining the testimony in relation to such matter of any witness within the jurisdiction, the Court or Judge may, on the ex parte application of any person shown to be duly authorised to make the application on behalf of such foreign Court or Tribunal, and on production of the letter of request, or of a certificate signed in the manner, and certifying to the effect mentioned in section 40

of the Evidence Ordinance, 1889, or such other evidence as the Court No. 2 of 1889. or Judge may require, make such order as may be necessary to give effect to the intention of the enactments above mentioned in con- formity with section 39 of the said Evidence Ordinance, 1889.

(2) An order made under this section shall be in form 49 in the form 49. schedule, with such variations as circumstances may require.

(3) The examination may be ordered to be taken before any fit and proper person nominated by the person applying, or such other qualified person as to the Court or Judge may seem fit.

(4) Unless otherwise provided in the order for examination, the person before whom the examination is taken shall, on its comple- tion, forward the same to the Registrar, who on receipt thereof, shall append thereto a certificate, in form 50 in the schedule, with form 50. such variations as circumstances may require, duly sealed with the seal of the Court, and shall forward the depositions so certified, and the letter of request, if any, to the Colonial Secretary for trans- mission to the Court or Tribunal requiring the same, or, where the foreign Court or Tribunal so desires, for transmission to the consul or other official of the foreign Government in the Colony.

(5) An order made under this section may, if the Court or Judge shall think fit, direct the said examination to be taken in such manner as may be requested by the letter of request, or there- in signified to be in accordance with the practice or requirements of the foreign Court or Tribunal, or which may, for the same reason, be requested by the applicant for such order. But in the absence of any such special directions the examination shall be taken in accordance with the practice of the Court.

(6) Where a letter of request, as mentioned in this section, is transmitted to the Court by the Governor with an intimation that it is desirable that effect should be given to the same without requiring an application to be made to the Court by the agents in Hongkong of any of the parties to the action or matter in the