Full legislation
s.59
Use of depositions taken at public examinations
59.
Use of depositions taken at public examinations
Where in the course of the proceedings in a winding up by the court an order has
been made for the public examination of persons named in the order pursuant to
section
286A
of the Ordinance, then in any proceedings subsequently instituted under any of the
provisions of the Ordinance or the Companies Ordinance (
Cap.
622
) mentioned in
rule 58(1)
, the
signed
notes of the examination of each person who was examined under the order shall, subject
as hereinafter mentioned, and to any order or directions of the court as to the manner
and extent in and to which the notes shall be used, and subject to all just exceptions
to the admissibility in evidence against any particular person or persons of any of the
statements contained in the notes of the examinations, be admissible in evidence against
any of the persons against whom the application is made, who, under
section
286A
of the Ordinance, and the order for the public examination, was or had the opportunity
of being present at and taking part in the
examination:
(
28 of 2012 ss. 912 & 920
;
14 of 2016 s. 145
)
Provided that before any such notes of a
public examination shall be used on any such application, the person intending to use
the same shall, not less than 15 days before the day appointed for hearing the
application, give notice of such intention to each person against whom it is intended to
use such notes, or any of them, specifying the notes or parts of the notes which it is
intended to read against him, and furnish him with copies of such notes, or parts of
notes (except notes of the person’s own depositions), and provided also that every
person against whom the application is made shall be at liberty to cross-examine or
re-examine (as the case may be) any person the notes of whose examination are read, in
all respects as if such person had made an affidavit on the application.