CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
773
Evidence de bene esse.
and use of
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.
320. If in any case the court so orders, there shall be issued a request to examine witnesses in lieu of a commission as provided for by any Ordinance relating to evidence.
and use of evidence de bene esse. H.K. Code, s. 57 (1), (2). O. 37, r. 5.
Letter of request.
O. 37, r. 6A. [cf. No. 2 of 1889.]
and use of evidence before action brought. H.K. Code, s. 57 (3).
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 with respect to the examination of any such witness and the admission of his evidence as to the court may seem reasonable.
Order for attendance
of person to produce
322. The court may in any cause, at any stage of the proceedings, order the attendance of any person for the purpose of producing any document named in the order which the court may think fit to be produced: Provided that no person shall be compelled to produce under any such order any document which he could not be compelled to produce at the trial.
O. 67, r. 7.
ence to
323. Every person who wilfully disobeys any order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of court and attendance.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
773
Evidence de bene esse.
and use of
319.-(1) Where the circumstances of the case appear to the Taking 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.
320. If in any case the court so orders, there shall be issued a request to examine witnesses in lieu of a commission as provided for by any Ordinance relating to evidence.
and unce de bene esse. H.K. Code, 8. 57 (1), (2). 0.37, T. 5.
Letter of request.
0. 37, r. 6A. [cf. No. 2 of 1889.]
and use of evidence be.
fore action brought. H.K. Code, s. 57 (3).
321. Evidence may be taken in like manner, on the applica- Taking tion 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 with respect to the examination of any such witness and the admission of his evidence as to the court may seem reasonable.
Order for attendance
of person to produce
322. The court may in any cause, at any stage of the pro- ceedings, order the attendance of any person for the purpose of producing any document named in the order which the court may think fit to be produced: Provided that no person shall be document. compelled to produce under any such order any document which he could not be compelled to produce at the trial.
0.67, r. 7.
ence to
323. Every person who wilfully disobeys any order requiring Disobedi his attendance for the purpose of being examined or producing order for any document shall be deemed guilty of contempt of court and attendance.
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