1964_EVIDENCE_ORDINANCE — Page 52

1984 Ed.)

Evidence

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(3) An order under this section shall not require any particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the court making the order (whether or not pro- ceedings of the same description as those to which the application for the order relates): but this subsection shall not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath where this is asked for by the requesting court.

(4) An order under this section shall not require a person-- (a) to state what documents relevant to the proceedings to which the application for the order relates are or have been in his possession, custody or power; or

(b) to produce any documents other than particular docu- ments specified in the order as being documents appearing to the court making the order to be, or to be likely to be. in his possession, custody or power.

(5) A person who, by virtue of an order under this section, is required to attend at any place shall be entitled to the like conduct money and payment for expenses and loss of time as on attendance as a witness in civil proceedings before the High Court.

77. (1) A person shall not be compelled by virtue of an order under section 76 to give any evidence which he could not be compelled to give-

(a) in civil proceedings in Hong Kong; or

(b) subject to subsection (2), in civil proceedings in the country or territory in which the requesting court exercises jurisdiction.

(2) Subsection (1)(b) shall not apply unless the claim of the person in question to be exempt from giving the evidence is either- (a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions. that are fulfilled); or

(b) conceded by the applicant for the order;

and where such a claim made by any person is not supported or conceded as aforesaid he may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.

(3) Without prejudice to subsection (1), a person shall not be compelled by virtue of an order under section 76 to give any evidence if his doing so would be prejudicial to the security of the United Kingdom, Hong Kong, or any other territory for which the United Kingdom is responsible under international law; and a

Privilege of witnesses. 1975 c. 34. s. 3.