(1) Where the Court, by subpoena or otherwise, orders any
person to produce any document or thing, and any person makes and
substantiates sufficient lawful objection to production on grounds of
privilege, the Court shall not compel production of that document or thing
except production to the Court for the purpose of ruling on the objection.
(2) Where a question is put to a person in the course of examination, and any
person makes and substantiates sufficient lawful objection on grounds of
privilege to the question being answered, the Court shall not compel an answer
to the question.
(3) Subrule (1) applies where an order is made for
production to, and subrule (2) applies where a question is put to a person in
the course of examination before, the Court or a Judge or any
officer of the Court, or any examiner, referee, arbitrator or other person
authorised to receive evidence, whether on a trial or hearing or on any other
occasion.
(3A) Where a party to any proceedings claims privilege from
production of any document, the Court may, if it thinks fit--
(a) permit
evidence in relation to the claim to be given by any other party by affidavit
or otherwise, and
(b) permit cross-examination on any affidavit used in
support of the claim.
(4) This rule does not affect any rule of law which
authorises or requires the withholding of any document or thing or the refusal
to answer any question on the ground that the disclosure of the document or
thing or the answering of the question would be injurious to the public
interest.
(5) Subrules (1), (2) and (3) do not apply to an objection to
produce any document or thing or to answer any question on the ground
mentioned in subrule (4).
