CRIMINAL PROCEDURE (WITNESSES' ALLOWANCES) RULES

CRIMINAL PROCEDURE (WITNESSES' ALLOWANCES) RULES

CRIMINAL PROCEDURE (WITNESSES'
ALLOWANCES)
RULES

(cap. 221, section 9B)

[19th November, 1971.]

1. These rules may be cited as the Criminal Procedure (Witnesses'
Allowances) Rules.

2. In these rules, unless the context otherwise requires

'court' includes the District Court and a magistrate;

'witness' means any person properly attending to give evidence,
whether or not called to give evidence at the instance of the court,
and whether or not he gives evidence, but does not include a
person who is

(a) the complainant or defendant; or

(b) a public officer

3. (1) The court may allow in respect of a witness practising as a
member of the legal or medical profession or as a dentist or veterinary
surgeon for attending to give professional evidence, whether in one or
more cases, a professional witness allowance not exceeding $200 for
each day he is necessarily absent from his place of residence or practice
to attend for such purpose.

(2) If the witness attends on any day to give evidence, whether in
one or more cases, and the period during which he is necessarily absent
from his place of residence or practice to attend for such purpose does
not exceed 4 hours, his professional witness allowance shall not exceed
$100.

4. (1) The court may allow in respect of an expert witness for
attending to give expert evidence, whether in one or more cases, an
expert witness allowance not exceeding $200 for each day the witness is
necessarily absent from his place of residence, business or employment
to attend for such purpose.

(2) If the witness attends on any day to give evidence, whether in
one or more cases, and the period during which he is necessarily absent
from his place of residence, business or employment to attend for such
purpose does not exceed 4 hours, his expert witness allowance shall not
exceed $100.





5. (1) The court may allow in respect of a witness who attends to
give evidence (other than professional or expert evidence), whether in
one or more cases, and thereby loses remuneration or necessarily incurs
expense (other than expense on account of lodging or subsistence) to
which he would not otherwise have been subject, a loss allowance not
exceeding $50 for each day of attend ance, in respect of that loss or
expense.

(2) If the period during which the witness is necessarily absent
from his place of residence, business or employment to attend to give
evidence does not exceed 4 hours, his loss allowance shall not exceed $25.

6. [Revoked, L.N. 238/78]

7. Any sum allowed under these rules shall cease to be payable
unless claimed within 3 months from the date on which it was allowed.
L.N. 149/71. L.N. 110/72. L.N. 238/78. Citation. Interpretation. Allowances for professional witnesses. Allowances for expert witnesses. Allowances for loss of remuneration or expenses incurred. L.N. 238/78. Allowance to be claimed within 3 months L.N. 110/72.

L.N. 149/71. L.N. 110/72. L.N. 238/78. Citation. Interpretation. Allowances for professional witnesses. Allowances for expert witnesses. Allowances for loss of remuneration or expenses incurred. L.N. 238/78. Allowance to be claimed within 3 months L.N. 110/72.

https://oelawhk.lib.hku.hk/items/show/2896

1964

v15

221

2