Full legislation
s.42
Extension of powers of Court of First Instance to order disclosure of documents, inspection of property, etc.
(1)
On the application, in accordance with rules of court, of a party to any proceedings in which a claim is made, the Court of First Instance shall, in such circumstances as may be specified in the rules, have power to order a person who is not a party to the proceedings and who appears to the Court of First Instance to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising out of that
claim—
(Amended
3 of 2008 s. 17
)
(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. 34
)
[cf. 1981 c. 54 s. 34 U.K.]
(2)
On the application, in accordance with rules of court, of a party to any such proceedings as are referred to in subsection (1), the Court of First Instance shall, in such circumstances as may be specified in the rules, have power to make an order providing for any one or more of the following
matters—
(a)
the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject matter of the proceedings or as to which any question arises in the proceedings;
(b)
the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(3)
Subsections (1) and (2) are without prejudice to the exercise by the Court of First Instance of any power to make orders which is exercisable apart from those provisions.
(4)
In this
section—
property
(
財產
) includes any land, chattel or other
corporeal property of any description.