Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 47B

Extension of powers of the Court to order disclosure of documents, inspection of property, etc.

(1) A party to proceedings in an action, in which a claim for
personal injuries or arising out of the death of a person is made, may apply
to the Court in accordance with rules of court for an order for discovery of
documents against a person who is not a party to the proceedings and who is
likely to have or to have had in his possession, custody or power documents
relevant to an issue arising out of the claim.

(2) 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.

(3) A party to proceedings in an action, in which a claim for
personal injuries or arising out of the death of a person is made, may apply
to the Court for an order against a person who is not a party to the
proceedings for, and the Court may order-

   (a)  the inspection, photographing, preservation, custody and detention of
        property which is not the property of, or in the possession of, a
        party to the proceedings but which is the subject-matter of the
        proceedings or as to which any question arises in the proceedings;

   (b)  the taking of samples of the property mentioned in paragraph

   (a)  and the carrying out of any experiment on or with the property.

(4) An application under this section is to be made in accordance with rules
of court.

(5) The powers in this section are in addition to the power of the Court to
make orders which is exercisable apart from this section.

(6) In this section, "property" (財產) includes any land, chattel or other
physical property of any description. (Added 28 of 2000 s. 24)

"property" (財產)