HKLII Hong Kong Ordinances

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GUARDIANSHIP OF MINORS ORDINANCE - SECT 17

Evidence on applications under s. 10 or 14(2)

(1) If the court dealing with an application under section 10 or 14(2)
requests the Director of Social Welfare to arrange for an officer of his
department to make to the court a report, orally or in writing, with respect
to any specified matter (being a matter appearing to the court to be relevant
to the application), the Director of Social Welfare shall comply with such
request. [cf. 1973 c. 29 s. 6(1) U.K.]

(2) Any statement which is or purports to be a report in pursuance of
subsection (1) shall be made, or if in writing be read aloud, before the court
at a hearing of the application, and immediately after it has been so made or
read aloud the court shall ask whether any party to the proceedings who is
present or represented by counsel or solicitor at the hearing objects to
anything contained therein; and where objection is made-

   (a)  the court shall require the officer by whom the statement was or
        purported to be made to give evidence on or with respect to the
        matters referred to therein; and

   (b)  any party to the proceedings may give or call evidence with respect to
        any matter referred to in the statement or in any evidence given by
        the officer. [cf. 1973 c. 29 s. 6(2) U.K.]

(3) The court may take account of any statement made or read aloud under
subsection (2) and of any evidence given under paragraph (a) of that
subsection, so far as that statement or evidence relates to the matters
specified by the court under subsection (1), notwithstanding any enactment or
rule of law relating to the admissibility of evidence. [cf. 1973 c. 29 s. 6(3)
U.K.]



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