OR YIK CHING v. WONG KWOK HUNG

1997 No. A8553

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

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D E C I S I O N

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1. There have been two orders in this case for the exchange and service of witness statements.

2. The first was an order of 27th October 1997 made by Mr. Registrar Betts whereby the parties were ordered to (within 42 days from the date thereof) serve on the other party and file in Court signed statements of witnesses as to fact, such statements to stand as evidence in chief unless the trial judge otherwise directed.

3. The second order was the order of Yeung J. on 11th November 1998 whereby it was ordered amongst other things, that the Defendant do have leave to file and serve witness statements within 21 days from the date thereof. That expired on 2nd December 1998.

4. The Defendant has not served any witness statements not even that of himself. He had been represented at both summonses referred to above at which the orders were made, and it is not disputed by him that he knew that those orders for witness statements had been made.

5. No sufficient reason has been given to me today why he has not complied with the orders. He is now seeking to give oral evidence himself but no good reason has been given to me as to why he himself has not made a witness statement in compliance with the rules and in compliance with those two orders, although he has tried to explain that as far as his mother was concerned, a witness statement could not have been obtained from her as she was in Canada.

6. No adequate grounds have been provided for me to exercise my discretion under O.38 r.2A(10) to permit the Defendant to adduce oral evidence today. However, he may, of course, cross-examine the Plaintiff when the Plaintiff gives evidence in the witness box.