Modes of taking oral evidence

(1) Oral evidence may be taken, according to the law relating to civil and criminal procedure for the time being in force– (a) in court, on a preliminary or final hearing; (b) out of court, for future use in the Supreme Court– (i) upon affidavit; (ii) under a commission; or (iii) before any officer of the court or any other person or persons appointed for that purpose by the court or a judge under rules of court, or under any other statute in that behalf; or (c) by means of live video link or any other electronic means, whereby a witness, without being physically present in the place where proceedings are held, is able to see and hear and be seen and heard by persons in that place, and evidence so taken shall have the same effect as if it were oral evidence taken in court. (2) Oral evidence taken in court must be taken according to the rules contained in sections 65 to 81 relating to the examination CAP. 96. (3) Oral evidence taken on any preliminary hearing under Part III of the Indictable Procedure Act or on any proceeding under 38 Harbour and Merchant Ships Act may be recorded in the form of a deposition, and the deposition may be used as documentary evidence of the matters stated therein in the cases, and on the conditions, specified in section 123 of the Indictable Procedure Act and the Harbour and Merchant Ships Act respectively. CAP. 234. CAP. 96. (4) Oral evidence taken upon affidavit must be confined to the facts the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief and the grounds thereof may be admitted, and the costs of every affidavit unnecessarily setting forth matters of hearsay or argumentative matter, or copies of or extracts from documents, must be paid by the party filing it. (5) Oral evidence taken under a commission must be taken in the manner prescribed by the terms of the commission and, in default of that manner being prescribed, according to the rules contained in sections 65 to 81 relating to the examination of witnesses. (6) Oral evidence taken under sub-section (1)(b)(iii) must be taken in the same manner as if it were taken in court, but an examiner has no right to decide on the validity of an objection taken to any particular question, but must record the question, the objection taken to it, and the answer given. (7) Where a deposition, or an affidavit, or the return to a commission, or evidence taken before an examiner, is used in any court as evidence of the matters stated therein, the party against whom it is read may object to the reading of anything therein contained on any ground on which he might have objected to its being stated by a witness examined in court, but no person shall be entitled to object to the reading of an answer to any question asked by his own representative on the execution of a commission to take Sub-Part II Examination of Witness 39