Evidence Ordinance

(1)
Subject to this section, the Court of First Instance shall have power, on any
                such application as is mentioned in
section 75
, by order to make such
                provision for obtaining evidence in Hong Kong as may appear to the court to be
                appropriate for the purpose of giving effect to the request in pursuance of which
                the application is made; and any such order may require a person specified therein
                to take such steps as the court considers appropriate for that purpose.
(Amended
25 of 1998 s. 2
)
(2)
Without prejudice to the generality of subsection (1) but subject to this
                section, an order under this section may, in particular, make
provision—
(a)
for the examination of
                    witnesses
                    by any means, including by way of a
                    live
                    audio-visual link;
(Amended
23 of 2003 s. 13
;
6 of 2025 s. 66
)
(b)
for the production of documents;
(c)
for the inspection, photographing, preservation, custody or detention of
                    any property;
(d)
for the taking of samples of any property and the carrying out of any
                    experiments on or with any property;
(e)
for the medical examination of any person.
(3)
An order under this section shall not require any particular steps to be taken
                unless they are steps which can be required to be taken by way of obtaining evidence
                for the purposes of civil proceedings in the court making the order (whether or not
                proceedings of the same description as those to which the application for the order
                relates); but this subsection shall not preclude the making of an order requiring a
                person to give
                evidence
                otherwise than on oath where this is asked for by the requesting court.
(Amended
23 of 2003 s. 13
)
(4)
An order under this section shall not require a
person—
(a)
to state what documents relevant to the proceedings to which the
                    application for the order relates are or have been in his possession, custody or
                    power; or
(b)
to produce any documents other than particular documents specified in the
                    order as being documents appearing to the court making the order to be, or to be
                    likely to be, in his possession, custody or power.
(5)
A person who, by virtue of an order under this section, is required to attend
                at any place shall be entitled to the like conduct money and payment for expenses
                and loss of time as on attendance as a witness in civil proceedings before the Court
                of First Instance.
(Amended
25 of 1998 s. 2
)
[cf. 1975 c. 34 s. 2 U.K.]