EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS)

[CH.66 – 3

LRO 1/2008 STATUTE LAW OF THE BAHAMAS

CHAPTER 66

EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS)

EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) (APPLICATION TO

INTERNATIONAL PROCEEDINGS) ORDER

(SECTION 7) [Commencement 5th July, 2005]

1. This Order may be cited as the Evidence (Proceedings in Other Jurisdictions) (Application to International Proceedings) Order.

2. The provisions of section 4 to 6 of the Evidence (Proceedings in Other Jurisdictions) Act shall apply to “international proceedings” with the necessary modifications as are specified in the Schedule hereto.

SCHEDULE Section Modifications 4 Delete paragraphs (a) and (b) and substitute

the following – “(a) that the application is made

in pursuance of a request issued by or on behalf of the International Court of Justice, (or any other court) tribunal, commission, body or authority whether consisting of one or more persons in this section (referred to as the "requesting authority") which, in pursuance of any international agreement or any resolution of the General Assembly of the United Nations, exercises any jurisdiction or performs any functions of a judicial nature or by way of arbitration, conciliation, or inquiry or is appointed (whether permanently or temporarily) for the purpose of exercising any jurisdiction or performing any such

S.I. 58/2005

Citation.

Application of section 4 to 6 of Act.

CH.66 – 4] EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS)

STATUTE LAW OF THE BAHAMAS LRO 1/2008

functions; and (b) that the evidence to which the

application relates is to be obtained for the purposes of civil or criminal proceedings which either have been instituted before the requesting authority or whose institution before that requesting authority is contemplated and for which investigations have commenced.”