1964_EVIDENCE_ORDINANCE — Page 54

1984 Ed.]

Evidence

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77D. Nothing in this Part shall be construed as enabling any court to make an order that is binding on the Crown or on any person in his capacity as an officer or servant of the Crown.

(Part VIII replaced, 2 of 1977, s. 3)

PART VIIIA

OBTAINING OF EVIDENCE IN OTHER JURISDICTIONS

FOR USE IN CRIMINAL PROCEEDINGS IN HONG KONG

77E. (1) Where it appears to the High Court that any criminal proceedings-

(a) have been instituted in Hong Kong; or

(b) are likely to be instituted in Hong Kong if evidence is obtained for the purposes of those criminal proceedings by virtue of an order made under this section,

the High Court may order that a letter of request shall be issued and transmitted in such manner as the High Court may direct to a court or tribunal specified in the order and exercising jurisdiction in a place outside Hong Kong, requesting such court or tribunal to assist in obtaining evidence for the purposes of those criminal proceedings.

(2) An order under this section shall specify the evidence to be obtained and, in the case of evidence to be obtained-

(a) by the examination of any person as a witness, the name and particulars of such person or such other particulars by reference to his office or employment as may be sufficient to ascertain his identity; or

(b) by the production of any document or thing, the nature of

such document or thing or a description thereof.

(3) An application to the High Court for an order under this section may be made ex parte supported by affidavit-

(a) in respect of criminal proceedings referred to in subsection (1)(a), by the Attorney General or any person charged with an offence to which such criminal proceedings relate; or (b) in respect of criminal proceedings referred to in subsection

(1)(b), by the Attorney General.

(4) A letter of request ordered to be issued by the High Court under this section shall be issued by the Registrar of the Supreme Court (in this Part referred to as "the Registrar") under the seal of the Supreme Court in such form as may be prescribed by rules of court, or if no such form is prescribed in such form as the High Court may direct.

(5) The power to make rules of court under section 54 of the Supreme Court Ordinance shall include power to make rules of court with respect to this section (including the procedure to be followed) and for supplementing its provisions.

Saving.

1975 c. 34, s. 964).

Issue of letter of request to obtain evidence in criminal proceedings.

(Cap. 4.)

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