52
CAP. 8]
Evidence
[1984 Ed.
Effect of subpoena.
(cf. 1975 c. 34, s. 4.)
Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an overseas court.
1975 c. 34. s. 5.
Rules of court.
1975 c. 34, s. 7. (Cap. 4.)
certificate signed by or on behalf of the Chief Secretary to the effect that it would be so prejudicial for that person to do so shall be conclusive evidence of that fact. (Amended, 30 of 1978, s. 2)
(4) In this section references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly.
77A. For the purposes of this Part, a reference in a subpoena to attendance at a trial shall be construed as if it included a reference to attendance before an examiner or commissioner appointed by the court or a judge thereof in any cause or matter in that court.
Evidence for criminal proceedings
77B. (1) The provisions of sections 75, 76 and 77 shall have effect in relation to the obtaining of evidence for the purposes of criminal proceedings as they have effect in relation to the obtaining of evidence for the purposes of civil proceedings except that-
(a) section 75(b) shall apply only to proceedings which have been instituted or whose institution is likely if the evidence is obtained; and (Amended, 37 of 1984, s. 9)
(b) no order under section 76 shall make provision otherwise than for the examination of witnesses, either orally or in writing, or for the production of documents.
(2) In its application by virtue of subsection (1), section 77(1)(a) and (b) shall have effect as if for the words "civil proceedings" there were substituted the words "criminal proceedings".
(3) Nothing in this section applies in the case of criminal proceedings of a political character.
Supplementary
77C. The power to make rules of court under section 54 of the Supreme Court Ordinance shall include power to make rules of court-
(a) as to the manner in which any such application as is mentioned in section 75 is to be made:
(b) subject to this Part, as to the circumstances in which an order can be made under section 76; and
(c) as to the manner in which any such reference as is mentioned in section 77(2) is to be made;
and any such rules may include such incidental, supplementary and consequential provision as the authority making the rules may consider necessary or expedient.
52
CAP. 8]
Evidence
[1984 Ed.
Effect of subpoena.
(cf. 1975 c. 34, s. 4.}
Power of Hong Kong court to assist in obtaining evidence for criminal proceedings in an
overseas court.
1975 c. 34. s. 5.
Rules of court.
1975 c. 34, s. 7. (Cap. 4.)
certificate signed by or on behalf of the Chief Secretary to the effect that it would be so prejudicial for that person to do so shall be conclusive evidence of that fact. (Amended, 30 of 1978, s. 2)
(4) In this section references to giving evidence include refer- ences to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly.
77A. For the purposes of this Part, a reference in a subpoena to attendance at a trial shall be construed as if it included a reference to attendance before an examiner or commissioner appointed by the court or a judge thereof in any cause or matter in that court.
Evidence for criminal proceedings
77B. (1) The provisions of sections 75, 76 and 77 shall have effect in relation to the obtaining of evidence for the purposes of criminal proceedings as they have effect in relation to the obtaining of evidence for the purposes of civil proceedings except that-
(a) section 75(b) shall apply only to proceedings which have been instituted or whose institution is likely if the evidence is obtained; and (Amended, 37 of 1984, s. 9)
(b) no order under section 76 shall make provision otherwise than for the examination of witnesses, either orally or in writing, or for the production of documents.
(2) In its application by virtue of subsection (1), section 77(1)(a) and (b) shall have effect as if for the words "civil pro- ceedings" there were substituted the words "criminal proceedings".
(3) Nothing in this section applies in the case of criminal proceedings of a political character.
Supplementary
77C. The power to make rules of court under section 54 of the Supreme Court Ordinance shall include power to make rules of
court-
(a) as to the manner in which any such application as is
mentioned in section 75 is to be made:
(b) subject to this Part, as to the circumstances in which an
order can be made under section 76; and
(c)
as to the manner in which any such reference as is mentioned in section 77(2) is to be made;
and any such rules may include such incidental, supplementary and consequential provision as the authority making the rules may consider necessary or expedient.
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