778
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Re-swearing of defective affidavit. H.K. Code, s. 56 (11).
Filing and use of original affidavit. H.K. Code s. 56 (12).
Receiving evidence by affidavit. H.K. Code, s. 54 (2).
Power to admit affidavit of person not cross-examined. H.K. Code, s. 55 (3).
Order of court for admission of affidavit. H.K. Code, s. 55 (4).
Rules as to examination of witnesses. H.K. Code, s. 55 (7) to (10).
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the court, on such terms as to time, costs or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognized for any purpose in the court.
Evidence at trial.
338. The court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open court unless the court directs the cross-examination to take place in any other manner.
339. The court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions herein before contained except in pursuance of an order of the court obtained on summons before trial, unless the court thinks fit in the circumstances otherwise to direct, on such terms as may seem just.
341.-(1) If a witness is asked any question relating to a matter not relevant to the cause except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether or not the witness shall be compelled to answer it and may, if it thinks fit, warn the witness that he is not obliged to answer it.
(2) No such question shall be asked unless the person asking it has reasonable grounds for believing that the imputation which it conveys is well founded.
(3) The court may forbid any question or inquiry which it regards as indecent or scandalous, although such question or inquiry may have some bearing on the questions before the court, unless it relates to facts in issue or to matters necessary to be known in order to determine those facts.
778
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Re-swearing of defective alidavit. H.K. Code, s. 56 (11).
Filing
and use of original
affidavit.
H.K. Code
s. 56 (12).
Receiving
evidence by affidavit. H.K. Code, s. 54 (2).
Power to admit affidavit
of person not cross- examined.
H.K. Code, s. 55 (3).
Order of court for admission of affidavit.
H.K. Code, s. 55 (4).
Rules as to examination of witnesses. H.K. Code,
s. 55 (7) to (10).
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the court, on such terms as to time, costs or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognized for any purpose in the court.
Evidence at trial.
338. The court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open court unless the court directs the cross-examination to take place in any other
manner.
339. The court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions herein before contained except in pursuance of an order of the court obtained on summons before trial, unless the court thinks fit in the circumstances otherwise to direct, on such terms as may seem just.
341.-(1) If a witness is asked any question relating to a matter not relevant to the cause except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether or not the witness shall be compelled to answer it and may, if it thinks fit, warn the witness that he is not obliged to answer it.
(2) No such question shall be asked unless the person asking it has reasonable grounds for believing that the imputation which it conveys is well founded.
(3) The court may forbid any question or inquiry which it regards as indecent or scandalous, although such question or inquiry may have some bearing on the questions before the court, unless it relates to facts in issue or to matters necessary to be
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