1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 81

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

(2) An order made under this section shall be in Form No. 49 in the 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.

[s. 326A contd.}

775

Schedule. Form No. 49.

Form

(4) Unless otherwise provided in the order for examination, the person before whom the examination is taken shall on its completion forward the same to the Registrar who on receipt thereof shall append thereto a certificate, in Form No. 50 in the Schedule, with such variations as circumstances may require, Schedule. duly sealed with the seal of the court, and shall forward the No. 50. depositions so certified and the letter of request, if any, to the Colonial Secretary for transmission to the foreign 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 thinks fit, direct the said examination to be taken in such manner as may be requested by the letter of request or therein signified to be in accordance with the practice or require- ments 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 Hong Kong of any of the parties to the action or matter in the foreign country, the Registrar shall transmit the same to the Crown Solicitor who may thereupon make such applications and take such steps as may be necessary to give effect to such letter of request, in accordance with this section.

(7) The provisions of this section shall apply, mulalis mutandis, to applications under section 38 of the Evidence Ordinance, 1889, for the purpose of giving effect to any letter Ordinance of request from any of His Majesty's courts or tribunals of No. 2 of competent jurisdiction outside the Colony.

1889..