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| | OFFICE OF THE GOVERNOR-GENERAL |
| | S.I. No. 58 of 2005 |
| | THE EVIDENCE |
| | (PROCEEDINGS IN OTHER
JURISDICTIONS) ACT, 2000 |
| | THE EVIDENCE |
| | (PROCEEDINGS IN OTHER
JURISDICTIONS) |
| | (APPLICATION TO INTERNATIONAL
PROCEEDINGS) |
| | ORDER, 2005 |
| | The Governor General, in exercise
of the powers conferred by section 7 of the Evidence (Proceedings in Other
Jurisdictions) Act, 2000, makes the following order? |
1. This Order may be cited as
the Evidence (Proceedings in Other Jurisdictions) (Application to International
Proceedings) Order, 2005. | Citation. |
2. The provisions of sections 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. | Application of section 4 to 6 of Act
No. 14 of 2000. |
SCHEDULE |
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Section
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Modifications
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4
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Delete paragraphs
(a) and (b) and substitute the following -
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(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 functions; and
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(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."
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Made this 5th
day of July, 2005. |
Signed |
IVY L. DUMONT |
Governor-General |