1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 83

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

777

court be read or made use of in any matter depending in the court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.

Affidavits sworn in the King's etc.

331. Any affidavit sworn in the United Kingdom, any British possession or any place under the dominion of His Majesty in foreign parts before any judge, officer or other person duly authorized, or before any commissioner authorized by the H.K. Code, Supreme Court, to take affidavits in the United Kingdom, such British possession or place respectively, may be used in the court in all cases where affidavits are admissible.

332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the court in all cases where affidavits are admissible.

Affidavits sworn out of the King's dominions.

H.K. Code, s. 56 (7).

333. The fact that an affidavit purports to have been sworn in the manner prescribed by section 331 or section 332 shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths.

H.K. Code, s. 56 (8).

334. The court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

O. 38, r. 14.

335. An affidavit shall not be admitted by the court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.

H.K. Code, s. 56 (10).

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

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 777 court be read or made use of in any matter depending in the court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it. Affidavits sworn in the King's etc. 331. Any affidavit sworn in the United Kingdom, any British possession or any place under the dominion of His Majesty in foreign parts before any judge, officer or other person duly authorized, or before any commissioner authorized by the H.K. Code, Supreme Court, to take affidavits in the United Kingdom, such British possession or place respectively, may be used in the court in all cases where affidavits are admissible. 332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the court in all cases where affidavits are admissible. Affidavits sworn out of the King's dominions. H.K. Code, s. 56 (7). 333. The fact that an affidavit purports to have been sworn in the manner prescribed by section 331 or section 332 shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner or other officer or person to administer oaths. H.K. Code, s. 56 (8). 334. The court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. O. 38, r. 14. 335. An affidavit shall not be admitted by the court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor. H.K. Code, s. 56 (10). * As amended by Law Rev. Ord., 1939. 1

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 777 court be read or made use of in any matter depending in the court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it. Affidavits sworn in the King's etc. 331. Any affidavit sworn in the United Kingdom, any British possession or any place under the dominion of His Majesty in foreign parts before any judge, officer or other person duly dominions, authorized, or before any commissioner authorized by the H.K. Code, Supreme Court, to take affidavits in the United Kingdom, such s: 56 (6). British possession or place respectively, may be used in the court in all cases where affidavits are admissible. 332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authen- ticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the court in all cases where affidavits are admissible. Affidavits sworn out dominions. of the King's H.K. Code, s. 56 (7). affidavits purporting to have been 333. The fact that an affidavit purports to have been sworn Presumption in the manner prescribed by section 331 or section 332 shall be in favour of prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to abroad. such affidavit, and of the authority of such court, judge, magis- H.K. Code, s. 56 (8). trate, commissioner or other officer or person to administer oaths. sworn Use of affidavit. 334. The court may receive any affidavit sworn for the pur- pose of being used in any cause, notwithstanding any defect by defective misdescription of parties or otherwise in the title or jurat or 0.38, r. 14. any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. sworn be- 335. An affidavit shall not be admitted by the court which is Exclusion proved to have been sworn before the person on whose behalf of affidavit the same is offered, or before his solicitor, or before a partner or fore party, etc. clerk of his solicitor. H:K. Code, s. 56 (10). * As amended by Law Rev. Ord., 1939. 1

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

777

Affidavits

sworn in the King's

etc.

331. Any affidavit sworn in the United Kingdom, any British possession or any place under the dominion of His Majesty in foreign parts before any judge, officer or other person duly dominions, authorized, or before any commissioner authorized by the H.K. Code, Supreme Court, to take affidavits in the United Kingdom, such s: 56 (6). British possession or place respectively, may be used in the court in all cases where affidavits are admissible.

332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authen- ticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the court in all cases where affidavits are admissible.

Affidavits sworn out dominions.

of the King's

H.K. Code, s. 56 (7).

affidavits

purporting to have been

333. The fact that an affidavit purports to have been sworn Presumption in the manner prescribed by section 331 or section 332 shall be in favour of prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner or other officer or person therein mentioned, appended or subscribed to abroad. such affidavit, and of the authority of such court, judge, magis- H.K. Code,

s. 56 (8). trate, commissioner or other officer or person to administer oaths.

sworn

Use of

affidavit.

334. The court may receive any affidavit sworn for the pur- pose of being used in any cause, notwithstanding any defect by defective misdescription of parties or otherwise in the title or jurat or 0.38, r. 14. any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

sworn be-

335. An affidavit shall not be admitted by the court which is Exclusion proved to have been sworn before the person on whose behalf of affidavit the same is offered, or before his solicitor, or before a partner or fore party,

etc. clerk of his solicitor.

H:K. Code, s. 56 (10).

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

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