1988 Ed.] The Rules of the Supreme Court-Order 70
[CAP. 4
A 265
[Subsidiary]
Application by Crown Solicitor in certain cases (O. 70, r. 3)
3. Where a request-
(a) is received by the Chief Secretary and sent by him to the Registrar with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Hong Kong of any party to the matter pending or contemplated before the foreign court or tribunal; or
(b) is received by the Registrar in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Hong Kong for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party,
the Registrar shall send the document to the Crown Solicitor and the Crown Solicitor may make an application for an order under the Ordinance, and take such other steps as may be necessary, to give effect to the request.
Person to take and manner of taking examination (O. 70, r. 4)
4. (1) Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before such other qualified person as to the Court seems fit.
(2) Subject to rule 6 and to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examination shall be taken in manner provided by Order 39, rules 5 to 10 and 11(1) to (3), and an order may be made under Order 39, rule 14, for payment of the fees and expenses due to the examiner, and those rules shall apply accordingly with any necessary modifications.
Dealing with deposition (O. 70, r. 5)
5. Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Registrar, and the Registrar shall-
(a) give a certificate sealed with the Seal of the Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and
(b) send the certificate with the documents annexed thereto to the Chief Secretary, or, where the request was sent to the Registrar by some other person in accordance with a Civil Procedure Convention, to that other person, for transmission to the court or tribunal out of the jurisdiction requesting the examination.
Page 265
Page 266
1988 Ed.] The Rules of the Supreme Court-Order 70
[CAP. 4
A 265
[Subsidiary]
Application by Crown Solicitor in certain cases (O. 70, r. 3)
3. Where a request-
(a) is received by the Chief Secretary and sent by him to the Registrar with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Hong Kong of any party to the matter pending or contemplated before the foreign court or tribunal; or
(b) is received by the Registrar in pursuance of a Civil Pro- cedure Convention providing for the taking of the evidence of any person in Hong Kong for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party,
the Registrar shall send the document to the Crown Solicitor and the Crown Solicitor may make an application for an order under the Ordinance, and take such other steps as may be necessary, to give effect to the request.
Person to take and manner of taking examination (O. 70, r. 4)
4. (1) Any order made in pursuance of this Order for the examination of a witness may order the examination to be taken before any fit and proper person nominated by the person applying for the order or before such other qualified person as to the Court seems fit.
(2) Subject to rule 6 and to any special directions contained in any order made in pursuance of this Order for the examination of any witness, the examination shall be taken in manner provided by Order 39, rules 5 to 10 and 11(1) to (3), and an order may be made under Order 39, rule 14, for payment of the fees and expenses due to the examiner, and those rules shall apply accordingly with any necessary modifications.
Dealing with deposition (O. 70, r. 5)
5. Unless any order made in pursuance of this Order for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the Registrar, and the Registrar shall-
(a) give a certificate sealed with the Seal of the Court for use out of the jurisdiction identifying the documents annexed thereto, that is to say, the request, the order of the Court for examination and the deposition taken in pursuance of the order; and
(b) send the certificate with the documents annexed thereto to the Chief Secretary, or, where the request was sent to the Registrar by some other person in accordance with a Civil Procedure Convention, to that other person, for transmis- sion to the court or tribunal out of the jurisdiction request- ing the examination.
Page 265Page 266
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