54
CAP. 4]
Supreme Court
[1989 Ed.
deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or administration is or has been made, by or against the personal representatives.
55B. Rules as to proof of facts and admission
of statements in civil proceedings
(Added 52 of 1987 s. 42) [cf. 1981 c. 54 s. 87(2) U.K.]
(1) The power to make rules of court under section 54 shall include power to make rules regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings in the Court of Appeal in its civil jurisdiction or in the High Court or on any application in connection with or at any stage of such proceedings.
(2) Provision shall be made by rules of court made by virtue of this section as to the procedure which, subject to any exceptions provided for in the rules, shall be followed and the other conditions which shall be fulfilled before a statement may be given in evidence in civil proceedings by virtue of section 47, 49 or 50 of the Evidence Ordinance (Cap. 8).
(3) Rules made in pursuance of subsection (2) shall in particular, subject to such exceptions (if any) as may be provided for in the rules-
(a) require a party to any civil proceedings who desires to give in evidence any such statement as is mentioned in that subsection to give to every other party to the proceedings such notice of his desire to do so and such particulars of or relating to the statement as may be specified in the rules, including particulars of such one or more of the persons connected with the making or recording of the statement or, in the case of a statement falling within section 50(1) of the Evidence Ordinance (Cap. 8) such one or more of the persons concerned as mentioned in section 51(3)(c) of the Evidence Ordinance (Cap. 8) as the rules may in any case require; and
(b) enable any party who receives such notice by counter-notice to require any person of whom particulars were given with the notice to be called as a witness in the proceedings unless that person is dead, or outside Hong Kong, or unfit by reason of his bodily or mental condition to attend as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he was connected or concerned as described in paragraph (a) and to all the circumstances) to have any recollection of matters relevant to the accuracy or otherwise of the statement.
Page 56
1989 Ed.]
54
CAP. 4]
Supreme Court
[1989 Ed.
deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against, as the case may be, a person appointed to represent the estate or, if a grant of probate or administration is or has been made, by or against the personal representatives.
55B. Rules as to proof of facts and admission
of statements in civil proceedings
(Added 52 of 1987 s. 42) [cf. 1981 c. 54 s. 87(2) U.K.]
(1) The power to make rules of court under section 54 shall include power to make rules regulating the means by which particular facts may be proved, and the mode in which evidence thereof may be given in any proceedings in the Court of Appeal in its civil jurisdiction or in the High Court or on any application in connection with or at any stage of such proceedings.
(2) Provision shall be made by rules of court made by virtue of this section as to the procedure which, subject to any exceptions provided for in the rules, shall be followed and the other conditions which shall be fulfilled before a statement may be given in evidence in civil proceedings by virtue of section 47, 49 or 50 of the Evidence Ordinance (Cap. 8).
(3) Rules made in pursuance of subsection (2) shall in particular, subject to such exceptions (if any) as may be provided for in the rules-
(a) require a party to any civil proceedings who desires to give in evidence any such statement as is mentioned in that subsection to give to every other party to the proceedings such notice of his desire to do so and such particulars of or relating to the statement as may be specified in the rules, including particulars of such one or more of the persons connected with the making or recording of the statement or, in the case of a statement falling within section 50(1) of the Evidence Ordinance (Cap. 8) such one or more of the persons concerned as mentioned in section 51(3)(c) of the Evid- ence Ordinance (Cap. 8) as the rules may in any case require; and (b) enable any party who receives such notice by counter-notice to require any person of whom particulars were given with the notice to be called as a witness in the proceedings unless that person is dead, or outside Hong Kong, or unfit by reason of his bodily or mental condition to attend as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he was connected or concerned as described in paragraph (a) and to all the circumstances) to have any recollection of matters relevant to the accuracy or otherwise of the statement.
i
!Page 56
1989 Ed.]
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