Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 39

Evidence by affidavit, etc

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The court may order- (L.N. 135 of 1972)

   (a)  that the affidavit of any witness may be read at the trial on such
        conditions as the court thinks reasonable;

   (b)  that the evidence of any particular fact shall be given at the trial
        in such manner as may be specified in the order and in particular-

        (i)    by statement on oath of information or belief; or

        (ii)   by the production of documents or entries in books; or

        (iii)  by copies of documents or entries in books; or

        (iv)   in the case of a fact which is or was a matter of common
               knowledge either generally or in a particular district, by the
               production of a specified newspaper containing a statement of
               that fact; and

   (c)  that not more than a specified number of expert witnesses may be
        called.

(2) An application to the registrar for an order under paragraph

(1) shall-

   (a)  if no notice of intention to defend has been given; or

   (b)  if the petitioner and every party who has given notice of 
        intention to defend consents to the order sought, be made ex parte by
        filing an affidavit stating the grounds on which the application is
        made.

(3) Where an application is made before the trial for an order that the
affidavit of a witness may be read at the trial or that evidence of a
particular fact may be given at the trial by affidavit, the proposed affidavit
or a draft thereof shall be submitted with the application; and where the
affidavit is sworn before the hearing of the application and sufficiently
states the grounds on which the application is made, no other affidavit shall
be required under paragraph (2).

(4) The court may, on the application of any party to a cause begun by
petition, make an order under R.H.C. Order 39, rule 1, for the examination on
oath of any person, and R.H.C. Order 38, rule 9, and Order 39, rules 1 to 14,
(which regulate the procedure where evidence is to be taken by deposition)
shall have effect accordingly with the appropriate modifications. (L.N. 135 of
1972; 25 of 1998 s. 2)

(5) On any application made-

   (a)  in the District Court, by originating application; or (L.N. 26 of
        2002)

   (b)  in the Court of First Instance, by originating summons, summons,
        notice or motion, (25 of 1998 s. 2) evidence may be given by affidavit
        unless these rules otherwise provide or the court otherwise directs,
        but the court may, on the application of any party, order the
        attendance for cross-examination of the person making any such
        affidavit; and where, after such an order has been made, that person
        does not attend, his affidavit shall not be used as evidence without
        the leave of the court. (L.N. 135 of 1972)