Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 41

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

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

PART VI

DISCOVERY AND RELATED PROCEDURES

(1) On the application, in accordance with rules of court, of a person who
appears to the Court of First Instance to be likely to be a party to
subsequent proceedings in that Court in which a claim is likely to be made,
the Court of First Instance shall, in such circumstances as may be specified
in the rules, have power to order a person who appears to the
Court of First Instance to be likely to be a party to the proceedings and to
be likely to have or to have had in his possession, custody or power any
documents which are directly relevant to an issue arising or likely to arise
out of that claim- (Amended 25 of 1998 s. 2; 3 of 2008 s. 14)

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

   (b)  to produce such of those documents as are in his possession, custody
        or power to the applicant or, on such conditions as may be specified
        in the order-

        (i)    to the applicant's legal advisers;

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

        (iii)  if the applicant has no legal adviser, to any medical or other
               professional adviser of the applicant. (Replaced 52 of 1987 s.
               33) [cf. 1981 c. 54 s. 33 U.K.]

(2) For the purposes of subsection (1), a document is only to be regarded as
directly relevant to an issue arising or likely to arise out of a claim in the
anticipated proceedings if—

   (a)  the document would be likely to be relied on in evidence by any party
        in the proceedings; or

   (b)  the document supports or adversely affects any party's case. (Added 3
        of 2008 s. 14) [cf. 1970 c. 31 s. 31 U.K.]