1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 80

HK Historical Laws 香港歷史法例 All AI Reviewed

774

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

O.37, r. 8.

Copy of pleadings for examiner. O. 37, r. 10.

shall be liable to be proceeded against and punished accordingly.

324. Where any person is ordered to be examined before any officer of the court or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.

Custody of 325. Where the examination of any witness is taken under deposition the provisions herein before contained the deposition so taken taken on examination. shall be returned to and kept in the Registry; and office copies of such deposition may be given out to any person interested who may apply for the same.

Report of examiner on examination,

326. Where any such examination is taken by the Registrar or by some other person, he may, and if need be he shall, make and proceed to the court a special report with regard to such examination and the absence or conduct of any witness or other person thereon or relating thereto; and the court may direct such proceedings and make such order as upon the report it may think just. O. 37, r. 17.

Procedure for obtain- ing evidence in the Colony for use in foreign tribunal. O. 37, rr. 54 to 60.

Ordinance No. 2 of 1889.

33 & 34 Vict. c. 52.

326A. (1) Where under Part IV of the Evidence Ordinance, 1889, or section 24 of the Extradition Act, 1870, any civil or commercial matter or any criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the court or a judge by commission rogatoire, or letter of request (both of which are in this section referred to as "letter of request"), or 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 authorized 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 or judge may require, make such order as may be necessary to give effect to the intention of the enactments above mentioned in conformity with section 39 of the said Evidence Ordinance, 1889.

* As amended by Law Rev. Ord., 1939.

Page 80




Page 81



Edit History

2026-05-03 13:45:42 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
Live
View comparison
AI Proofread
774 No. 3 of 1901. CODE OF CIVIL PROCEDURE. O.37, r. 8. Copy of pleadings for examiner. O. 37, r. 10. shall be liable to be proceeded against and punished accordingly. 324. Where any person is ordered to be examined before any officer of the court or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties. Custody of 325. Where the examination of any witness is taken under deposition the provisions herein before contained the deposition so taken taken on examination. shall be returned to and kept in the Registry; and office copies of such deposition may be given out to any person interested who may apply for the same. Report of examiner on examination, 326. Where any such examination is taken by the Registrar or by some other person, he may, and if need be he shall, make and proceed to the court a special report with regard to such examination and the absence or conduct of any witness or other person thereon or relating thereto; and the court may direct such proceedings and make such order as upon the report it may think just. O. 37, r. 17. Procedure for obtain- ing evidence in the Colony for use in foreign tribunal. O. 37, rr. 54 to 60. Ordinance No. 2 of 1889. 33 & 34 Vict. c. 52. 326A. (1) Where under Part IV of the Evidence Ordinance, 1889, or section 24 of the Extradition Act, 1870, any civil or commercial matter or any criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the court or a judge by commission rogatoire, or letter of request (both of which are in this section referred to as "letter of request"), or 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 authorized 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 or judge may require, make such order as may be necessary to give effect to the intention of the enactments above mentioned in conformity with section 39 of the said Evidence Ordinance, 1889. * As amended by Law Rev. Ord., 1939. Page 80 Page 81
Baseline (Original)
774 No. 3 of 1901. CODE OF CIVIL PROCEDURE. 0.37, r. 8. Copy of pleadings for examiner. 0. 37, r. 10. shall be liable to be proceeded against and punished accordingly. 324. Where any person is ordered to be examined before any officer of the court or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties. Custody of 325. Where the examination of any witness is taken under deposition the provisions herein before contained the deposition so taken taken on examination. shall be returned to and kept in the Registry; and office copies of such deposition may be given out to any person interested who may apply for the same. Report of examiner on examination, 326. Where any such examination is taken by the Registrar or by some other person, he 'may, and if need be he shall, make and proceed to the court a special report with regard to such examination and ings thereon. the absence or conduct of any witness or other person thereon O. 37, r. 17. or relating thereto; and the court may direct such proceedings and make such order as upon the report it may think just. Procedure for obtain- ing evidence in the Colony for use in foreign tribunal. 0. 37, rr. 54 to 60. Ordinance No. 2 of 1889. 33 & 34 Vict. c. 52. 326A. (1) Where under Part IV of the Evidence Ordin- ance, 1889, or section 24 of the Extradition Act, 1870, any civil or commercial matter or any, criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the court or a judge by commission rogatoire, or letter of request (both of which are in this section referred to as letter of request"), or 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 authorized 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 or judge may require, make such order as may be necessary to give effect to the inten- tion of the enactments above mentioned in conformity with section 39 of the said Evidence Ordinance, 1889. * As amended by Law Rev. Ord., 1939. : Page 80Page 81
2026-05-03 13:45:42 · Baseline
View content

774

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

0.37, r. 8.

Copy of pleadings for examiner. 0. 37, r. 10.

shall be liable to be proceeded against and punished accordingly.

324. Where any person is ordered to be examined before any officer of the court or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.

Custody of 325. Where the examination of any witness is taken under deposition

the provisions herein before contained the deposition so taken taken on examination. shall be returned to and kept in the Registry; and office copies of such deposition may be given out to any person interested who may apply for the same.

Report of examiner on examination,

326. Where any such examination is taken by the Registrar or by some other person, he 'may, and if need be he shall, make and proceed to the court a special report with regard to such examination and ings thereon. the absence or conduct of any witness or other person thereon O. 37, r. 17.

or relating thereto; and the court may direct such proceedings and make such order as upon the report it may think just.

Procedure

for obtain- ing evidence in the Colony for use in foreign tribunal. 0. 37, rr. 54 to 60.

Ordinance

No. 2 of 1889.

33 & 34 Vict. c. 52.

326A. (1) Where under Part IV of the Evidence Ordin- ance, 1889, or section 24 of the Extradition Act, 1870, any civil or commercial matter or any, criminal matter is pending before a court or tribunal of a foreign country and it is made to appear to the court or a judge by commission rogatoire, or letter of request (both of which are in this section referred to as letter of request"), or 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 authorized 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 or judge may require, make such order as may be necessary to give effect to the inten- tion of the enactments above mentioned in conformity with section 39 of the said Evidence Ordinance, 1889.

* As amended by Law Rev. Ord., 1939.

:

Page 80Page 81

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.