Procedure for taking evidence in Hong Kong at the request of a court in a reciprocating country
Version Date:
30/06/1997
(1) Where a request is made by or on behalf of a court in a reciprocating country for the taking in Hong Kong of the evidence of a person residing therein then, subject to paragraph (2)-
(a) the evidence shall be taken in the same manner as if that person were a witness in proceedings on a summons;
(b) any oral evidence so taken shall be put into writing and read to the person who gave it, who shall be required to sign the document; and
(c) the judge by whom the evidence of any person is so taken shall certify at the foot of any document setting out the evidence of, or produced in evidence by, that person that such evidence was taken, or document received in evidence, as the case may be, by him.
(2) Where such a request as is mentioned in paragraph (1) includes a request that the evidence be taken in a particular manner, the judge by whom the evidence is taken shall, so far as circumstances permit, comply with that request.
(3) Any document such as is mentioned in paragraph (1)(c) shall be sent to the court in the reciprocating country by or on behalf of which the request was made.