1964_RULES_OF_THE_SUPREME_COURT — Page 141

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.J The Rules of the Supreme Court-Order 38

[CAP. 4

A 141

Ordinance, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particulars of—

(a) a person who occupied a responsible position in relation to the management of the relevant activities for the purpose of which the computer was used regularly during the material period to store or process information;

(b) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived; and

and where there are two or more persons who fall within sub-paragraph (a), (b) or (c) and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice must be such one of those persons as is at that date so capable.

(2) The notice must also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents.

(3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the reason relied on.

Reasons for not calling a person as a witness (O. 38, r. 25)

25. The reasons referred to in rules 22(3), 23(2) and 24(3) are that the person in question is dead, or beyond the seas or unfit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollection of matters relevant to the accuracy or otherwise of the statement to which the notice relates.

Counter-notice requiring person to be called as a witness (O. 38, r. 26)

26. (1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 21 is served may, within 21 days after service of the notice on him, serve on the party who gave

[Subsidiary]

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1988 Ed.J The Rules of the Supreme Court-Order 38 [CAP. 4 A 141 Ordinance, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particulars of— (a) a person who occupied a responsible position in relation to the management of the relevant activities for the purpose of which the computer was used regularly during the material period to store or process information; (b) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived; and (c) a person who occupied such a position in relation to the operation of the computer during the material period, and where there are two or more persons who fall within sub-paragraph (a), (b) or (c) and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice must be such one of those persons as is at that date so capable. (2) The notice must also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents. (3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the reason relied on. Reasons for not calling a person as a witness (O. 38, r. 25) 25. The reasons referred to in rules 22(3), 23(2) and 24(3) are that the person in question is dead, or beyond the seas or unfit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollection of matters relevant to the accuracy or otherwise of the statement to which the notice relates. Counter-notice requiring person to be called as a witness (O. 38, r. 26) 26. (1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 21 is served may, within 21 days after service of the notice on him, serve on the party who gave [Subsidiary]

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1988 Ed.J The Rules of the Supreme Court-Order 38 [CAP. 4 A 141 Ordinance, the notice must have annexed to it a copy or transcript of the document containing the statement, or of the relevant part thereof, and must contain particulars of— (a) a person who occupied a responsible position in relation to the management of the relevant activities for the purpose of which the computer was used regularly during the material period to store or process information; (b) a person who at the material time occupied such a position in relation to the supply of information to the computer, being information which is reproduced in the statement or information from which the information contained in the statement is derived; and (c) a person who occupied such a position in relation to the operation of the computer during the material period, and where there are two or more persons who fall within sub- paragraph (a), (b) or (c) and some only of those persons are at the date of service of the notice capable of being called as witnesses at the trial or hearing, the person particulars of whom are to be contained in the notice must be such one of those persons as is at that date so capable. (2) The notice must also state whether the computer was operating properly throughout the material period and, if not, whether any respect in which it was not operating properly or was out of operation during any part of that period was such as to affect the production of the document in which the statement is contained or the accuracy of its contents. (3) If the party giving the notice alleges that any person, particulars of whom are contained in the notice, cannot or should not be called as a witness at the trial or hearing for any of the reasons specified in rule 25, the notice must contain a statement to that effect specifying the reason relied on. Reasons for not calling a person as a witness (O. 38, r. 25) 25. The reasons referred to in rules 22(3), 23(2) and 24(3) are that the person in question is dead, or beyond the seas or unfit by reason of his bodily or mental condition to attend as a witness or that despite the exercise of reasonable diligence it has not been possible to identify or find him or that he cannot reasonably be expected to have any recollection of matters relevant to the accuracy or otherwise of the statement to which the notice relates. Counter-notice requiring person to be called as a witness (O. 38, r. 26) 26. (1) Subject to paragraphs (2) and (3), any party to a cause or matter on whom a notice under rule 21 is served may, within 21 days after service of the notice on him, serve on the party who gave [Subsidiary]

2026-05-05 10:16:14 · Baseline

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