High Court Ordinance

(1)
On the application, in accordance with rules of court, of a person who appears to the Court of First Instance to be likely to be a party to subsequent proceedings in that Court in which a claim is likely to be made, the Court of First Instance shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the Court of First Instance to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are directly relevant to an issue arising or likely to arise out of that
claim—
(Amended
25 of 1998 s. 2
;
3 of 2008 s. 14
)
(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. 33
)
[cf. 1981 c. 54 s. 33 U.K.]
(2)
For the purposes of subsection (1), a document is only to be regarded as directly relevant to an issue arising or likely to arise out of a claim in the anticipated proceedings
if—
(a)
the document would be likely to be relied on in evidence by any party in the proceedings; or
(b)
the document supports or adversely affects any party’s case.
(Added
3 of 2008 s. 14
)
[cf. 1970 c. 31 s. 31 U.K.]