Chapter 005:10 - Evidence (Proceedings in Foreign Tribunals)

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L.R.O. 1/2012
LAWS OF GUYANA
EVIDENCE (PROCEEDINGS IN FOREIGN TRIBUNALS) ACT
CHAPTER 5:10
Act
32 of 1991
Amended by
13 of 1992
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 6 ... 1/2012





LAWS OF GUYANA
2 Cap. 5:10 Evidence (Proceedings in Foreign Tribunals)
L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.






LAWS OF GUYANA
Evidence (Proceedings in Foreign Tribunals) Cap. 5:10 3
L.R.O. 1/2012
CHAPTER 5:10
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Application to the Court for assistance.
4. Power of the Court to give effect to the application.
5. Fees and expenses for the attendance of a witness.
6. Privilege of witnesses.
6A. Power of the Court to assist in obtaining evidence for criminal
proceedings.
7. Rules of Court.
8. Act not in derogation of rules 49 to 56 of Order 34.
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32 of 1991 An Act to make new provision to enable the High Court to
assist in obtaining evidence requested for the purposes
of proceedings in foreign tribunals.
[27th SEPTEMBER, 1991]
Short title.
Interpretation.
[13 of 1992]
1. This Act may be cited as the Evidence (Proceedings
in Foreign Tribunals) Act.
2. In this Act—
“agreement” means any convention, treaty or
international agreement to which Guyana is a Contracting
State;
“competent authority” means such authority by
whatever name called vested with power in an agreement to
make an application under section 3;
EVIDENCE (PROCEEDINGS IN FOREIGN TRIBUNALS) ACT
LAWS OF GUYANA
4 Cap. 5:10 Evidence (Proceedings in Foreign Tribunals)
L.R.O. 1/2012
c. 3:02
Application to
the Court for
assistance.
“the Court” has the same meaning as in the High Court
Act;
“civil proceedings”, in relation to the requesting court,
means proceedings in any civil or commercial matter;
“request” includes any commission, order, letter or other
process issued by or on behalf of the requesting court;
“requesting court” has the meaning given in section 3
and includes the competent authority named in an
agreement.
3. Where an application is made to the Court for an
order for evidence to be obtained from any witness within the
jurisdiction of the Court for proceedings before a court or
tribunal of a foreign country, and it is established to the
satisfaction of the Court that—
(a) the application is made in pursuance of a
request issued by or on behalf of a court or
tribunal (“the requesting court”) exercising
jurisdiction in a country or territory outside
Guyana;
(b) the evidence to which the application relates
is to be obtained for the purposes of civil
proceedings which have either been
instituted before the Court or whose
institution before that court is contemplated;
and
(c) the application is made by a person shown
to be duly authorised to make the
application on behalf of the requesting court
or is made by the competent authority
named in an agreement,

LAWS OF GUYANA
Evidence (Proceedings in Foreign Tribunals) Cap. 5:10 5
L.R.O. 1/2012

Power of the
Court to give
effect to the
application.
c. 5:03
Fees and
expenses for
the attendance
of a witness.
the Court shall have the powers conferred on it by the
following provisions of this Act.
4. (1) Subject to the provisions of this section the
Court shall have power, on such application as is mentioned
in section 3, by order to make such provision as may appear
appropriate for the purpose of giving effect to the request in
pursuance of which the application is made; and such order
may require a person specified therein to take such steps as
the Court may consider appropriate for that purpose.
(2) Without prejudice to the generality of
subsection (1) but subject to the provisions of this section an
order under this section may make provision–
(a) for the examination of witnesses,
either orally or in writing;
(b) for the production of documents;
(c) for the inspection, photographing,
preservation, custody or detention of
any property;
(d) for the taking of samples of any
property and the carrying out of any
experiments on or with any property.
(3) Evidence to be obtained from any witness
under the provisions of this Act shall be in accordance with
the provisions of the Evidence Act and shall include evidence
taken and recorded in the form of a deposition upon affidavit.
5. A person who, by virtue of any order under section
4, is required to attend at any place shall be entitled to such
fees and expenses allowed for the attendance of a witness in
civil proceedings before the Court.

LAWS OF GUYANA
6 Cap. 5:10 Evidence (Proceedings in Foreign Tribunals)
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Privilege of
witnesses.

Power of the
Court to assist
in obtaining
evidence for
criminal
proceedings.
[13 of 1992]
Rules of Court.
c. 3:02

Act not in
derogation of
rules 49 to 56 of
Order 34.
Sub. Leg.
c. 3:02
6. (1) A person shall not be compelled by virtue of
any order under section 4 to give any evidence if such
evidence would be prejudicial to the security of Guyana, and
a certificate signed by or on behalf of the Minister responsible
for foreign affairs to that effect shall be conclusive evidence of
that fact.
(2) In this section giving evidence shall include
answering any question and producing any document.
6A. The provisions of sections 3 to 6 shall have effect
in relation to the obtaining of evidence for the purposes of
criminal proceedings as they have effect in relation to the
obtaining of evidence for the purposes of civil proceedings.

7. The power to make rules of court under section 67
of the High Court Act shall include power to make rules of
court–
(a) as to the manner in which any such
application as is mentioned in section 3 is to
be made; and
(b) subject to the provisions of this Act, as to the
circumstances in which an order can be
made under section 4,
and any such rules may include such incidental,
supplementary and consequential provision as may be
considered necessary or expedient.

8. The provisions of this Act shall be in addition to
and not in derogation of the provisions of rules 49 to 56 of
Order 34 of the Rules of the High Court.
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