Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 34

Summons to witness to attend Court of First Instance or District Court

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 Witnesses

(1) For the purpose of any criminal proceedings before the court a summons
requiring the person to whom it is directed to attend before the  court and
give evidence or produce any document or thing specified in the summons may be
issued out of the court.

(2) If any person in respect of whom a witness summons has been issued applies
to the court out of which the summons was issued and satisfied it that he
cannot give any material evidence or, as the case may be, produce any document
or thing likely to be of material evidence the  court may direct that the
summons shall be of no effect.

(3) Where on any such application a direction is given that a witness summons
shall be of no effect, the person at whose instance the summons was issued may
be ordered to pay the whole or any part of the costs of the application.

(4) Any costs payable under such an order shall be taxed by the proper officer
of the court and payment of those costs shall be enforceable in the same
manner as an order for payment of costs made by the court in a civil case.

(5) A witness summons shall continue to have effect until the conclusion of
the proceedings at which the attendance of the witness is required.

(6) In this section "court" (法院、法庭) includes the District Court.
(Replaced 59 of 1981 s. 3) [cf. 1965 c. 69 s. 2 U.K.]

"court" (法院、法庭)