1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 76

770

No. 3 of 1901.

CODE OF CIVIL procedure.

Notes of evidence.

H.K. Code, s. 62 (11).

Remarks on demeanour of witness. Indian Code, s. 188,

Use of notes of evidence.

Objections to evidence. H.K. Code, s. 62 (13), (14).

be at liberty to address the court, and the party beginning shall be entitled to the general reply; and

(10) each witness, after examination-in-chief shall be subject to cross-examination by the other party and to re-examination by the party calling him, and after re-examination may be questioned by the court, and shall not be recalled or further questioned except by leave of the court.

306. The court shall take a note of the viva voce evidence and shall put down the terms of any particular question or answer if there appears to be any special reason for doing so.

307. The court may record on the notes of evidence such remarks as it thinks material respecting the demeanour of any witness while under examination.

308.-(1) Any party to a cause shall be entitled, on applica- tion to the Registrar and on payment of the prescribed fee, to have an office copy of the notes of evidence taken in such cause or of any portion thereof.

(2) On application by any other person and on reasonable cause being shown for such application, the court may order that such person shall on payment of the prescribed fee have an office copy of the notes of evidence taken in such cause or of any portion thereof: Provided that on granting any such applica- tion the court may impose such terms as to publication or other use of the said notes as the court may think proper.

(3) An office copy of the notes of evidence taken in any cause shall be admissible, saving all just exceptions, in the same or any other cause as evidence that viva voce evidence was given before the court as therein appearing.

309.-(1) Any objection to evidence must be taken at the time when the question objected to is put or in case of documentary evidence when the same is about to be put in, and must be argued and decided at the time.

(2) Where a question put to a witness is objected to, the court, unless the objection appears to be frivolous, shall take a note of the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not and the answer to it, if allowed.

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