3442
THE NEW ZEALAND GAZETTE.
[No. 80

accordance with paragraph (f) of this Article) of his own motion forward the request to the competent authority of the country of execution.

(e) Service shall be effected by the competent authority of the country of execution, who shall serve the document in the manner prescribed by the municipal law of such country for the service of similar documents, except that, if a wish for some special manner of service is expressed in the request for service, such manner of service shall be followed in so far as it is not incompatible with the law of that country.

(f) The execution of a request for service, duly made in accordance with the preceding provisions of this Article, shall not be refused unless (1) the authenticity of the request for service is not established, or (2) the High Contracting Party in whose territory it is to be executed considers that his sovereignty or safety would be compromised thereby.

(g) In every instance where a request for service is not executed by the authority to whom it has been sent, the latter will at once inform the Diplomatic or Consular Officer by whom the request was sent, stating the ground on which the execution of the request has been refused or the competent authority to whom it has been forwarded.

(h) The authority by whom the request for service is executed shall furnish a certificate proving the service or explaining the reason which has prevented such service, and setting forth the fact, the manner, and the date of such service or attempted service, and shall send the said certificate to the Diplomatic or Consular officer by whom the request for service was sent. The certificate of service or of attempted service shall be placed on one of the duplicates or attached thereto.

Article 4.

(a) The provisions of Articles 2 and 3 in no way prejudice the right to use in the territory of either High Contracting Party, without any request to or intervention of the authorities of the country of execution, any of the following methods of service in connection with judicial or extra-judicial documents drawn up in the territory of the other High Contracting Party.

(1) Service by a Diplomatic or Consular Officer acting for the country of origin;

(2) Service by an agent appointed for the purpose either by the judicial authority of the country of origin or by the party on whose application the document was issued;

(3) Service through the post; or

(4) Any other method of service recognized under the law existing at the time of service in the country of origin.

(b) The High Contracting Parties agree that in principal it is desirable that documents served by any of the methods referred to in paragraph (a) of this Article should, unless the recipient is a subject or citizen of the High Contracting Party from whose territory the document to be served emanates, either be drawn up in the language of the country of execution or be accompanied by a translation into such language. Nevertheless, in the absence of any legislation in their respective territories making translations obligatory in such cases, the High Contracting Parties do not accept any obligation in this respect.

(c) It is understood that the question of the validity and effect of any service effected by the use of any of the methods referred to in paragraph (a) of this Article will remain a matter for the free determination of the respective Courts of the High Contracting Parties in accordance with their laws.

Article 5.

(a) In any case where documents have been served in accordance with the provisions of Article 3, the High Contracting Party, by whose Diplomatic or Consular Officer the request for service was addressed, shall repay to the other High Contracting Party any charges and expenses which are payable under the law of the country of execution to the persons employed to effect service, and any charges and expenses incurred in effecting service in a special manner. These charges and expenses shall not exceed such as are usually allowed in the Courts of that country.

(b) Repayment of these charges and expenses shall be claimed by the competent authority by whom the service has been effected from the Diplomatic or Consular Officer by whom the request was addressed, when sending to him the certificate provided for in Article (3) (h).

(c) Except as provided above, no fees of any description shall be payable by one High Contracting Party to the other in respect of the service of any documents.

III.—TAKING OF EVIDENCE.

Article 6.

(a) When a judicial authority in the territory of one of the High Contracting Parties requires that evidence should be taken in the territory of the other High Contracting Party, such evidence may be taken, whatever the nationality of the parties or witnesses may be, in the manner prescribed in Article 7.

(b) In Part III of this Convention (but without prejudice to the safeguards in respect of the law of the country of execution contained in paragraph (d) of Article 7) the expressions—

(1) “Taking of evidence” shall be deemed to include the taking of the statements of a plaintiff, defendant, expert, or any other person on oath or otherwise; the submission to a plaintiff, defendant, expert, or any other person of any oath with regard to any legal proceedings; and the production, identification, and examination of documents, samples, or other objects.

(2) “Witness” shall be deemed to include any person from whom any evidence as defined above is required to be taken.

(3) “Country of origin” shall be deemed to mean the country by whose judicial authority the evidence is required, and “country of execution” the country in which the evidence is to be taken.

Article 7.

(a) The judicial authority of the country of origin may, in accordance with the provisions of the law of his country, address himself by means of a Letter of Request to the competent authority of the country of execution, requesting such authority to take the evidence.

(b) The Letter of Request shall be drawn up in the language of the country of execution, or be accompanied by a translation into such language. Such translation shall be certified as correct by a Diplomatic or Consular Officer acting for the country of origin. The Letter of Request shall state the nature of the proceedings for which the evidence is required, giving all necessary information in regard thereto, the full names and descriptions of the parties thereto, and the full names, descriptions, and addresses of the witnesses. It shall also either (1) be accompanied by a list of interrogatories to be put to the witness or witnesses, or, as the case may be, by a description of the documents, samples, or other objects to be produced, identified, or examined, and a translation thereof, certified as correct in the manner heretofore provided; or (2) shall contain instructions or information as to the matters in relation to which evidence is required; or (3) shall request the competent authority to allow such questions to be asked viva voce as the parties or their representatives shall desire to ask.

(c) Letters of Request shall be transmitted—

In Finland, by a British Consular Officer to the Tribunal of First Instance in the jurisdiction of which the witnesses to be examined are resident:

In England, by a Finnish Diplomatic or Consular Officer to the Senior Master of the Supreme Court of Judicature.

In case the authority to whom any Letter of Request is transmitted is not competent to execute it, such authority shall (except in cases where execution is refused in accordance with paragraph (f) of this Article) of his own motion forward the Letter of Request to the competent authority of the country of execution.

(d) The competent authority of the country of execution shall give effect to the Letter of Request and obtain the evidence required by the use of the same compulsory measures and the same procedure as are employed in the execution of the commission or order emanating from the authorities of his own country, except that if a wish that some special procedure should be followed is expressed in the Letter of Request, such special procedure shall be followed in so far as it is not incompatible with the law of the country of execution.

(e) The Diplomatic or Consular Officer, by whom the Letter of Request is transmitted, shall, if he so desires, be informed of the date when and the place where the proceedings will take place, in order that he may inform the interested party or parties, who shall be permitted to be present in person or to be represented, if they so desire, by barristers or solicitors or by any representatives who are competent to appear before the Courts either of the country of origin or of the country of execution.

(f) The execution of a Letter of Request which complies with the preceding provisions of this Article can only be refused—

(1) If the authenticity of the Letter of Request is not established: