Hong Kong Witness Testimony

Summary

Hong Kong witnesses providing evidence for foreign legislation must comply with both Hong Kong and foreign legal requirements. The process is governed by the Evidence Ordinance, requiring a formal request from the foreign court, examination by a Hong Kong-appointed examiner, and adherence to legal standards. Requests can be rejected if improperly formatted, irrelevant, or against Hong Kong law or public policy.

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Do these procedures apply even when a witness is willing to give evidence?
Yes, these procedures still apply even when a witness is willing to give evidence. The witness must comply with the legal requirements set by both Hong Kong law and the foreign jurisdiction.
Would you like more detailed information on the specific procedures under the Evidence Ordinance in Hong Kong?
Yes
Certainly!
Key Procedures Under the Evidence Ordinance in Hong Kong:
- Letter of Request: The foreign court must issue a formal request to the Hong Kong court.
- Examination of Witness: The Hong Kong court will appoint an examiner to record the witness's testimony.
- Compliance: The witness must comply with both Hong Kong legal requirements and the foreign jurisdiction’s legal requirements.
Would you like to know more about any of these steps?
When can the request be rejected?
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The request for taking evidence from a Hong Kong witness can be rejected in the following scenarios:
- The request is not in proper form or lacks necessary details.
- The testimony sought is irrelevant or not material to the foreign proceedings.
- Compliance would violate Hong Kong law or public policy.

Would you like more information on any of these points?