Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 47A

Power of the Court to order disclosure, etc. of documents before commencement of proceedings

Discovery and Related Procedures (Added 28 of 2000 s. 24)

(1) A person who appears to the Court to be likely to be a party to subsequent
proceedings for personal injuries or arising out of the death of a person may
apply to the Court for an order for discovery of documents against a person
who is likely to be a party to the proceedings and who has in his possession,
custody or power documents relevant to an issue arising out of the claim.

(2) The application is to be made in accordance with rules of court.

(3) The Court may order the person, if it appears to it that the person is
likely to have or to have had in his possession, custody or power any relevant
documents-

   (a)  to disclose whether those documents are in his possession, custody or
        power; and

   (b)  to produce the documents in his possession, custody or power to the
        applicant or, on the conditions specified in the order-

        (i)    to the applicant's legal advisers;

        (ii)   to the applicant's legal advisers and a medical or other
               professional adviser of the applicant; or

        (iii)  if the applicant has no legal adviser, to a medical or other
               professional adviser of the applicant. (Added 28 of 2000 s. 24)