1972-HKRS28-16-20_Part02 — Page 46

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(1) a radar device or apparatus specified in the document designed and used for the purpose of ascertaining the speed of a motor vehicle: or

(ii) a weighing device or apparatus specified in the document designed and used for the purpose of ascertaining the laden or unladen weight of a motor vehicle; and (b) to be certified-

() in the case of the speedometer, by a person authorized in this behalf by the Director of Public Works;

(i) in the case of a radar device or apparatus designed and used for the purpose of ascertaining the speed of a motor vehicle, by a person authorized in this behalf by the Commissioner of Police; and

(iii) in the case of a weighing device or apparatus designed and used for the purpose of ascertaining the laden or unladen weight of a motor vehicle, by a person authorized in this behalf by the Commissioner for Transport,

shall be admitted in any criminal or civil proceedings before any court on its production without further proof

(2) On the production of a document under sub- section (1)——

(a) the court before which it is produced shall, until the contrary is proved, presume-

(i) that it was signed at the time and place specified therein by a person authorized by the appropriate public officer specified in the document:

(B) that the facts stated in the document relating to the testing of the accuracy, inspection and servicing of the speedometer of the vehicle specified therein or the radar or weighing device or apparatus specified therein are true; and

(i) that the record of the facts stated in the document was made and compiled at the time stated therein; and

Cerlißcalo of posting of docu- ments.

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(6) the document shall be prima facie evidence

of all matters contained therein.

23H. (1) Where any Ordinance authorizes or requires any document to be served or any notice to be given by post or by registered post, a certificate purporting-

(4) to certify-

(i) that a specified document or notice, addressed to a person named in the certi- ficate, was addressed to that person at a specified address:

(i) that the appropriate postage on the said document or notice was prepaid; and

(ii) that the said document or notice was despatched by post or by registered post at a time and place specified in the certificate: and

(b) to be signed at the time and place specified

in the certificate by the person who-

(1) ensured that the appropriate postage on the said document or notice was prepaid; and

(ii) despatched the said document or notice by post of by registered post at the said specified time and place.

shall be admitted in any criminal or civil proceedings before any court on its production without further proof.

(2) On the production of a certificate under sub- section (1)-

(a) the court before which it is produced shall, until the contrary is proved, presume—

that the facts stated therein relating to the posting of the document or notice specified therein are true:

(i) that the certificate was signed at the time and place specified therein by the person who posted the specified document or notice; and

(b) the certificate shall be prima facie evidence

of all of the matters contained therein.".