14 Jul 1995
RE ORDINARY COURT OF MILAN, ITALY
- Citation
- RE ORDINARY COURT OF MILAN, ITALY
- Court
- Court of First Instance
- Case number
- HCMP620/1994
The court held that a magistrate acting as public prosecutor under Italian law performing investigatory and prosecutorial functions is not a 'court or tribunal' within the meaning of s.75 of the Evidence Ordinance when making a rogatory request in the course of preliminary investigation; the request was made by the prosecutor in his own right and not on behalf of a court, therefore the Hong Kong High Court lacked jurisdiction to give effect to the letters of request and the master's order was set aside.