Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.81

Warrant or order to bring up prisoner to give evidence

(1)
Any judge of the Court of First Instance may, on application or on his own
                motion, issue a warrant or order for bringing up any person in lawful custody before
                any court to enable such person to prosecute, pursue, defend or be examined as a
                witness in, any proceedings, either criminal or civil, before such court.
(Replaced
46 of 1967 s. 3
)
(2)
Any District Judge, magistrate, coroner appointed under the Coroners Ordinance
                    (
Cap. 504
), adjudicator appointed under the Small
                Claims Tribunal Ordinance (
Cap. 338
), presiding officer
                appointed under the Labour Tribunal Ordinance (
Cap. 25
),
                judge of the Court of First Instance who is a member of the Competition Tribunal by
                the operation of
section 135(1)
of the Competition Ordinance (
Cap. 619
) or member of the Lands Tribunal referred to in
section 4(1
)(
a)
, (b), (c) or (d) of the Lands Tribunal Ordinance
                    (
Cap. 17
) may, on application or on his own motion,
                issue a warrant or order for bringing up any person in lawful custody before the
                District Court, magistrate, coroner, Small Claims Tribunal, Labour Tribunal,
                Competition Tribunal or Lands Tribunal, as the case may be, to enable such person to
                prosecute, pursue, defend or be examined as a witness in, any proceedings, either
                criminal or civil, before such District Court, magistrate, coroner, Small Claims
                Tribunal, Labour Tribunal, Competition Tribunal or Lands Tribunal.
(Replaced
46 of 1967 s. 3
. Amended
79 of 1981 s. 11
;
27 of 1997 s. 62
;
15 of 2014 s. 13
;
18 of 2014 s. 43
)
(3)
Such prisoner or person shall be brought under the same care and custody, and
                be dealt with in like manner in all respects, as a prisoner required by any writ of
                habeas corpus awarded by the Court of First Instance to be brought before the said
                court to be examined as a witness in any cause or matter depending before the said
                court is by law required to be dealt with.
(Amended
50 of 1911
;
51 of 1911
;
62 of 1911
Schedule
;
63 of 1911
Schedule
)