1964_SUPREME_COURT_ORDINANCE — Page 56

Supreme Court

[CAP. 4

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(4) Rules made in pursuance of subsection (2) —

(a) may confer on the Court in any civil proceedings a discretion to allow a statement falling within section 47(1), 49(1) or 50(1) of the Evidence Ordinance (Cap. 8) to be given in evidence notwithstanding that any requirement of the rules affecting the admissibility of that statement has not been complied with, but except in pursuance of paragraph (b) of this subsection shall not confer on the Court a discretion to exclude such a statement where the requirements of the rules affecting its admissibility have been complied with;

(b) may confer on the Court power, where a party to any civil proceedings has given notice that he desires to give in evidence-

(i) a statement falling within section 47(1) of the Evidence Ordinance (Cap. 8) 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

(ii) a statement falling within section 49(1) of the Evidence Ordinance (Cap. 8) which is contained in a record of any direct oral evidence given in some other legal proceedings (whether civil or criminal),

to give directions on the application of any party to the proceedings as to whether, and if so on what conditions, the party desiring to give the statement in evidence shall 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; and

(c) may make different provision for different circumstances, and in particular may make different provision with respect to statements falling within sections 47(1), 49(1) and 50(1) respectively of the Evidence Ordinance (Cap. 8),

and any discretion conferred on the Court by rules may be either a general discretion or a discretion exercisable only in such circumstances as may be specified in the rules.

(5) Rules made by virtue of this section may make provision for preventing a party to any civil proceedings (subject to any exceptions provided for in the rules) from adducing in relation to a person who is not called as a witness in those proceedings any evidence which could otherwise be adduced by him by virtue of section 52 of the Evidence Ordinance (Cap. 8) unless that party has in pursuance of the rules given in respect of that person such a counter-notice as is mentioned in subsection (3)(b).

(6) In deciding for the purposes of any rules made by virtue of this section whether or not a person is fit to attend as a witness, the Court may act on a certificate purporting to be a certificate of a registered medical practitioner.