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Chapter: | 338
 | Title: | SMALL CLAIMS TRIBUNAL ORDINANCE | Gazette Number: | L.N. 257 of 1999 |
| Section: | 35 | Heading: | Penalty for neglect of witness summons | Version Date: | 19/10/1999 |
(1) Any person on whom a summons under section 16 has been served who-
- (a) refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or
(b) refuses to be sworn or give evidence,
(2) A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.
(3) Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1).
(4) An adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
[cf. 1959 c. 22 s. 84 U.K.]