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[Subsidiary]

CAP. 4] The Rules of the Supreme Court Order 70 [1988 Ed.

(4) The process server shall send to the Registrar a copy of the process and an affidavit, certificate or report proving due service of process or stating the reason why service could not be effected, as the case may be, and shall, if the Court so directs, specify the costs incurred in effecting or attempting to effect service.

(5) Order 65, rule 4 (substituted service) shall apply to the service of foreign process as it applies to the service of writs, except that the Registrar may make an order for substituted service of foreign process on the basis of the process server's affidavit, certificate or report, without an application being made to him in that behalf.

(6) The Registrar shall send a certificate, together with a copy of the process, to the consular or other authority or the Chief Secretary, as the case may be, stating-

(a) when and how service was effected or the reason why service could not be effected, as the case may be;

(b) where appropriate, the amount certified by the taxing master to be the costs of effecting or attempting to effect service.

(7) The certificate under paragraph (6) shall be sealed with the seal of the Supreme Court for use out of the jurisdiction.

Appointment of process server (O. 69, r. 4)

4. The process server for the purposes of this Order shall be the Chief Bailiff.

(Cap. 8.)

ORDER 70

OBTAINING EVIDENCE FOR FOREIGN COURTS, ETC.

Interpretation and exercise of jurisdiction (O. 70, r. 1)

1. (1) In this Order "the Ordinance" means the Evidence Ordinance and expressions used in this Order which are used in the Ordinance shall have the same meaning as in the Ordinance.

(2) The power of the High Court to make an order under section 76 of the Ordinance may be exercised by the Registrar.

Application for order (O. 70, r. 2)

2. (1) Subject to rule 3 an application for an order under the Ordinance must be made ex parte and must be supported by affidavit.

(2) There shall be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.