Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 42

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

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

(1) On the application, in accordance with rules of court, of a party to any
proceedings in which a claim is made, the Court of First  Instance shall, in
such circumstances as may be specified in the rules, have power to order a
person who is not a party to the proceedings and who appears to the
Court of First Instance to be likely to have or to have had in his possession,
custody or power any documents which are relevant to an issue arising out of
that claim- (Amended 3 of 2008 s. 17)

   (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.
               34) [cf. 1981 c. 54 s. 34 U.K.]

(2) On the application, in accordance with rules of court, of a party to any
such proceedings as are referred to in subsection (1), the
Court of First Instance shall, in such circumstances as may be specified in
the rules, have power to make an order providing for any one or more of the
following matters-

   (a)  the inspection, photographing, preservation, custody and detention of
        property which is not the property of, or in the possession of, any
        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 any such property as is mentioned in
        paragraph (a) and the carrying out of any experiment on or with any
        such property.

(3) Subsections (1) and (2) are without prejudice to the exercise by the
Court of First Instance of any power to make orders which is exercisable apart
from those provisions.

(4) In this section-

"property" (財產) includes any land, chattel or other corporeal property of
any description. (Amended 25 of 1998 s. 2) [cf. 1970 c. 31 s. 32 U.K.]

"property" (財產)