### High Court Ordinance 《高等法院條例》

38. Jurisdiction, powers and duties of Registrar
(1) The Registrar shall have and may exercise and perform—
(a) the same jurisdiction, powers and duties as the Masters, Registrars and like officers of the Supreme Court of England and Wales; and
(b) such other jurisdiction, powers and duties as may be conferred or imposed on him by or under rules of court or any other law.
(2) Subject to rules of court, all the jurisdiction, powers and duties conferred or imposed on the Registrar may be had, exercised or performed by a Master.
(Amended 52 of 1987 s. 30)

38A. Bailiff
There shall be a bailiff of the High Court together with such assistant bailiffs as may be appointed, to effect, in accordance with rules of court, orders for committal and for service and execution of the process of the Court.
(Added 52 of 1987 s. 31. Amended 25 of 1998 s. 2)

39. Protection of Registrar
(1) No action shall be brought against the Registrar for—
(a) any act done or omitted to be done by any bailiff without directions from the Registrar; or
(b) any direction given to any bailiff with regard to the execution or non-execution of process if—
(i) such directions are in accordance with an order from the Court of First Instance under section 40; and (Amended 25 of 1998 s. 2)
(ii) no material fact is wilfully misrepresented or suppressed by the Registrar.
(2) In this section—
Registrar (司法常務官) includes a Master. (Amended 52 of 1987 s. 32)

40. Registrar may apply for order
The Registrar may, in case of doubt or difficulty, apply summarily to the Court of First Instance for an order for the direction and guidance of a bailiff, and the Court of First Instance may make such order in the matter as may seem just and reasonable.
(Amended 25 of 1998 s. 2)

40A. Powers of temporary registrars, etc. in case which is part-heard on termination of appointment
(1) If the hearing of any proceedings before a temporary registrar is adjourned or he reserves judgment in any proceedings, the temporary registrar shall have power to resume the hearing and determine the proceedings or deliver judgment, notwithstanding that his appointment as a temporary registrar has expired or has been terminated.
(2) Subsection (1) shall apply to a temporary senior deputy registrar, temporary deputy registrar or temporary assistant registrar as it applies to a temporary registrar.
(Added 1 of 1997 s. 6. Amended 10 of 2005 s. 137)

### High Court Ordinance 《高等法院條例》

41. Power of Court of First Instance to order disclosure, etc. of documents before commencement of proceedings
(1) On the application, in accordance with rules of court, of a person who appears to the Court of First Instance to be likely to be a party to subsequent proceedings in that Court in which a claim is likely to be made, the Court of First Instance shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the Court of First Instance to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are directly relevant to an issue arising or likely to arise out of that claim— (Amended 25 of 1998 s. 2; 3 of 2008 s. 14)
(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. 33) [cf. 1981 c. 54 s. 33 U.K.]
(2) For the purposes of subsection (1), a document is only to be regarded as directly relevant to an issue arising or likely to arise out of a claim in the anticipated proceedings if—
(a) the document would be likely to be relied on in evidence by any party in the proceedings; or
(b) the document supports or adversely affects any party’s case. (Added 3 of 2008 s. 14)
[cf. 1970 c. 31 s. 31 U.K.]

### High Court Ordinance 《高等法院條例》

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.
(Amended 25 of 1998 s. 2)[cf. 1970 c. 31 s. 32 U.K.]