1964_RULES_OF_THE_SUPREME_COURT — Page 143

1988 Ed.] The Rules of the Supreme Court Order 38

[CAP. 4

A 143

Directions with respect to statement made in previous proceedings

(O. 38, r. 28)

28. Where a party to a cause or matter has given notice in accordance with rule 21 that he desires to give in evidence at the trial or hearing of the cause or matter—

(a) a statement falling within section 47(1) of the Ordinance which was made by a person, whether orally or in a document, in the course of giving evidence in some other legal proceedings (whether civil or criminal); or

(b) a statement falling within section 49(1) of the Ordinance which is contained in a record of direct oral evidence given in some other legal proceedings (whether civil or criminal),

any party to the cause or matter may apply to the Court for directions under this rule, and the Court hearing such an application may give directions as to whether, and if so on what conditions, the party desiring to give the statement in evidence will be permitted to do so and (where applicable) as to the manner in which that statement and any other evidence given in those other proceedings is to be proved.

Power of Court to allow statement to be given in evidence (O. 38, r. 29)

29. (1) Without prejudice to sections 47(2)(a) and 49(2)(a) of the Ordinance and rule 28, the Court may, if it thinks it just to do so, allow a statement falling within section 47(1), 49(1) or 50(1) of the Ordinance to be given in evidence at the trial or hearing of a cause or matter notwithstanding-

(a) that the statement is one in relation to which rule 21(1) applies and that the party desiring to give the statement in evidence has failed to comply with that rule; or

(b) that that party has failed to comply with any requirement of a counter-notice relating to that statement which was served on him in accordance with rule 26.

(2) Without prejudice to the generality of paragraph (1), the Court may exercise its power under that paragraph to allow a statement to be given in evidence at the trial or hearing of a cause or matter if a refusal to exercise that power might oblige the party desiring to give the statement in evidence to call as a witness at the trial or hearing an opposite party or a person who is or was at the material time the servant or agent of an opposite party.

Restriction on adducing evidence as to credibility of maker, etc. of certain statements (O. 38, r. 30)

30. Where-

(a) a notice given under rule 21 in a cause or matter relates to a statement which is admissible by virtue of section 47 or 49 of the Ordinance; and

[Subsidiary]