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Supreme Court Act - Supreme Court (Allowances to Witnesses) Regulations 1990

LAWS OF TONGA

SUPREME COURT (ALLOWANCES TO WITNESSES)
REGULATIONS 1990

GS 3B of 1990

THE SUPREME COURT ACT

[28th March 1990]

IN EXERCISE of the powers conferred by section 11 of the Supreme Court Act, as amended, His Majesty's Cabinet makes the following Regulations:

1. These Regulations may be cited as the Supreme Court (Allowances to Witnesses) Regulations 1990.

2. When a witness is called by the Crown or the Government to attend trial before the Supreme Court in either a criminal or civil case (whether or not he gives evidence) he shall be paid.

(i). if he incurs travelling expenses to and from the court, his actual expenses reasonably incurred for that purpose, and

(ii). a maintenance allowance being the greater of:

(a). $10.00 per day; or

(b). any reasonable loss of earnings which he has suffered by reason of attending court.

3. The trial judge may in any particular case disallow any allowances payable to a witness under these Regulations.

4. In a criminal trial the trial judge may, if in the particular circumstances he considers it reasonable; order that the provisions of these Regulations shall apply to any witness called by the Defence as if such witness had been called by the Crown.

5. The Supreme Court (Allowances to Jurors and Witnesses) Regulations 1955 are revoked.

Made at Nuku'alofa this 28th day of, February; 1990.