Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 66A

Penalty for neglect of witness summons

(Past version on 30/06/1997).

Miscellaneous

(1) Any person summoned in manner prescribed as a witness in the Court who-

   (a)  refuses or neglects, without sufficient cause, to appear or to produce
        any documents required by the summons to be produced; or

   (b)  refuses to be sworn or to give evidence, shall forfeit such fine, and
        serve such term of imprisonment not exceeding 2 years, as the judge
        may direct. (Amended 28 of 2000 s. 34)

(1A) The Court cannot punish, under subsection (1)(a), a person summoned as a
witness unless he has been paid or has had tendered to him at the time of
service of the summons a reasonable sum for expenses, including in prescribed
cases, compensation for loss of time. (Added 28 of 2000 s. 34)

(2) Any person present in court who is required to give evidence but refuses
to be sworn or to give evidence shall be punishable as aforesaid.

(3) A judge may at his discretion direct that the whole or any part of any
fine paid under this section shall, after deducting the costs, be applicable
towards indemnifying the party injured by the refusal or neglect without
prejudice to the right of the party so injured to institute civil proceedings
in respect of the injury. (Added 59 of 1981 s. 4)