1964_RULES_OF_THE_SUPREME_COURT — Page 138

HK Historical Laws 香港歷史法例 All AI Reviewed

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A 138

CAP. 4]

The Rules of the Supreme Court-Order 38

[1988 Ed.

[Subsidiary]

(Cap. 8.)

Service of writ of subpoena (O. 38, r. 17)

17. A writ of subpoena must be served personally and, subject to rule 19, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ and not less than four days, or such other period as the Court may fix, before the day on which attendance before the Court is required.

Duration of writ of subpoena (O. 38, r. 18)

18. Subject to rule 19, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required.

Writ of subpoena in aid of inferior court or tribunal (O. 38, r. 19)

19. (1) The office of the Court out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Registry, and no order of the Court for the issue of such a writ is necessary.

(2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required.

(3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally.

(4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ.

(5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by a master.

III. HEARSAY EVIDENCE

Interpretation and application (O. 38, r. 20)

20. (1) In this Part of this Order "the Ordinance" means the Evidence Ordinance and any expressions used in this Part and in Parts IV and V of the Ordinance have the same meanings in this Part as they have in the said Parts IV and V.

(2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

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A 138 CAP. 4] The Rules of the Supreme Court-Order 38 [1988 Ed. [Subsidiary] (Cap. 8.) Service of writ of subpoena (O. 38, r. 17) 17. A writ of subpoena must be served personally and, subject to rule 19, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ and not less than four days, or such other period as the Court may fix, before the day on which attendance before the Court is required. Duration of writ of subpoena (O. 38, r. 18) 18. Subject to rule 19, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required. Writ of subpoena in aid of inferior court or tribunal (O. 38, r. 19) 19. (1) The office of the Court out of which a writ of subpoena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Registry, and no order of the Court for the issue of such a writ is necessary. (2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required. (3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally. (4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ. (5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by a master. III. HEARSAY EVIDENCE Interpretation and application (O. 38, r. 20) 20. (1) In this Part of this Order "the Ordinance" means the Evidence Ordinance and any expressions used in this Part and in Parts IV and V of the Ordinance have the same meanings in this Part as they have in the said Parts IV and V. (2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

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A 138 CAP. 4] The Rules of the Supreme Court-Order 38 [1988 Ed. [Subsidiary] (Cap. 8.) Service of writ of subpoena (O. 38, r. 17) 17. A writ of subpoena must be served personally and, subject to rule 19, the service shall not be valid unless effected within 12 weeks after the date of issue of the writ and not less than four days, or such other period as the Court may fix, before the day on which attendance before the Court is required. Duration of writ of subpoena (O. 38, r. 18) 18. Subject to rule 19, a writ of subpoena continues to have effect until the conclusion of the trial at which the attendance of the witness is required. Writ of subpoena in aid of inferior court or tribunal (O. 38, r. 19) 19. (1) The office of the Court out of which a writ of sub- poena ad testificandum or a writ of subpoena duces tecum in aid of an inferior court or tribunal may be issued is the Registry, and no order of the Court for the issue of such a writ is necessary. (2) A writ of subpoena in aid of an inferior court or tribunal continues to have effect until the disposal of the proceedings before that court or tribunal at which the attendance of the witness is required. (3) A writ of subpoena issued in aid of an inferior court or tribunal must be served personally. (4) Unless a writ of subpoena issued in aid of an inferior court or tribunal is duly served on the person to whom it is directed not less than 4 days, or such other period as the Court may fix, before the day on which the attendance of that person before the court or tribunal is required by the writ, that person shall not be liable to any penalty or process for failing to obey the writ. (5) An application to set aside a writ of subpoena issued in aid of an inferior court or tribunal may be heard by a master. III. HEARSAY EVIDENCE Interpretation and application (O. 38, r. 20) 20. (1) In this Part of this Order "the Ordinance" means the Evidence Ordinance and any expressions used in this Part and in Parts IV and V of the Ordinance have the same meanings in this Part as they have in the said Parts IV and V. (2) This Part of this Order shall apply in relation to the trial or hearing of an issue or question arising in a cause or matter, and to a reference, inquiry and assessment of damages, as it applies in relation to the trial or hearing of a cause or matter.

2026-05-05 10:15:53 · Baseline

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