d)Evidence -O38
证据-O38
The general rule is that a witness to be examined orally.
一般原则是证人应该被口头盘查。
i)Evidence by statement of witness– O38 r 2
证人陈述的证据– O38 r 2
In writ action, witness shall give evidence-in-chief which a witness can only give evidence of facts within his own knowledge and recollection, unless the court otherwise order or the parties agree and is subject to CE, and in default of attendance, his statement is inadmissible without the leave of court.
在令状诉讼中，证人应提供主要证据，即证人只能提供其所知所记的事实，除非法庭另外下达指令或各方同意以及将接受盘问，及在缺席的情况下，未经法庭许可，他的书面陈述将不被受理。
The Court may order any witness to give evidence instead of the statement of the witness at the trial.
法庭可命令任何证人给与口头证据来替代证人的书面陈述。
ii)Evidence of particular facts– O38 r 3
ii)特定事实的证据– O38 r 3
The court may order that evidence of particular fact shall be given at trial, such as by statement on oath of information of belief; by the production of documents or entries in books; by copies of documents; by the specific newspaper which contains statement of the fact in which there is common knowledge.
法庭可命令在审讯时提供特定的事实证据，例如宣誓下关于对信息确信的陈述；通过提交文件或书本条目；通过文件复印本；通过特定报刊阐述的公认事实。
iii)Subpoena of witness– O38 r 14-22
证人传票– O38 r 14-22
Subpoenas are documents issued to ensure the attendance of witnesses at trial, failing which, the affidavits they have submitted as their evidence-in-chief will be rejected by the Court. Three types of subpoenas may be issued: 1) requires the witness to attend Court to give oral evidence; 2) requires the person named to produce documents without the obligation to attend Court personally; 3) requires the witness to both give evidence in Court and produce documents. Witness, if bound to attend will be given a reasonable sum of expenses.
传票是为了确保证人出席而发出的文件，否则，他们呈交给法庭的宣誓书将被法院拒绝。三种传票可以被发出：1）要求证人出庭作证；2）要求被指明的人初始相关文件而没有出庭的义务；3）要求证人在法庭上作证并出示文件。证人，如果必须出席，将获得合理的费用补贴。
iv)Evidence by deposition– O39
以录制证供形式提供证据– O39
The court may act under the interest of justice, make order in Form 69 for the examination on oath before judge at any place of a person which the evidence may be used at the trial.
法院可为了实践公正，以第69号表格的形式下达命令以要求一人在任何地方在法官面前进行宣誓供证，以供在审讯中使用。
v)Examination of a person who is out of jurisdiction-O39 r2
对不在管辖范围内的人进行调问-O39 r2
If a person is out of jurisdiction then an application may be made for order to issue a letter of request to the judicial authorities of the country which the person is to take evidence; and if the government of that country allows him in that country to be examined before a person appointed by the court for an order appointing a special examiner to take the evidence of the witness in that country.
如果一个人不再管辖范围内，则可申请命令向该人所在的司法当局发出请求书要求进行取证；如果该国政府允许其在该国接受调问，纳闷法庭则可下达命令指派一名特别审查员前往该国收集政治。
An application can also be made for the appointment as special consul in that country in which the evidence is to be taken or his deputy, if there subsists with that country a Civil Procedure Convention providing for the taking of the evidence of any person in that country for the assistance of proceedings in the High Court; or with consent of the Minister.
如果该国存在民事诉讼公约规定以允许我国在该国取证以协助高庭程序，则也可以向该国的特别领事或其副领事进行申请；或者获得部长的首肯。
vi)Expert Witness– O40A
vi)专业证人– O40A
It is the duty of an expert to assist the Court on the matters within his expertise. This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.
专家的责任是在其专业领域中协助法庭。这义务优先于其所接受指示或支付报酬的人的任何义务。
The court may also limit the number of expert witnesses who may be called at the trial to such numbers as it may specify.
法院还可将审判中可能被传唤的专家证人人书限制在指定的人数内。
An expert report shall give details of the expert’s qualification, to list out the issues which has been asked, the basis of the reasoning given in making the report, a summary of his opinion, a conclusion, a statement of understanding of the expert witness in giving the said report.
专家报告应该详细说明专家的资格，列明所提问的问题，所提出的报告，专家意见的总结，结论，专家证人的理解陈述。做出上述报告。
The court may also direct a discussion between the expert that aimed to show the issues on which they agree or disagree, further provide the reasoning.
法院还可以指导专家之间的交流，目的是理清他们在同意或不同意的问题，以进一步提供推理。
vii)Documentary Evidence (see the bundle of documents as mentioned above)
vii)文件证据(参见上述文件包)
Agreed bundle: It is admissible, but the truth may be challenged
商定文件包：可呈堂，但内容可被挑战
Non-agreed bundle: The admissibility and contents may be challenged.
非商定文件包：可采性与内容均可被挑战
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