1975-HKRS28-16-23_Part04 — Page 21

Addition of

new section

30A.

4. The principal Ordinance is amended by adding after section 30, the following new section-

"Evidence by certificate.

Second

hedule.

Second Sebedade.

Sccund Schedule.

304. (1) In any proceedings for an offence under this Ordinance, a certificate in the form set out in Form 1 of the Second Schedule purporting to be signed by a police officer and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a acale sa specified, shall be admissible as evidence of the relative positions of the things shown on the plan or drawing-

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(2) In any proceedings for an offence under this Ordin ance, a certificate in the form set out in Form 2 of the, Second Schedule purporting to be signed by a police officer and certifying that a person specified in the certificate stated to the police officer-

(a) that a particular motor vehicle was being driven or used by, or belonged to, that person on a particular occasion; or

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(5) that a particular motor vehicle on a particular occasion was used by, or belonged to, a firm jo which that person also stated that he was at the' time of the statement a partner; or

()that a particular motor vehicle on a particular occasion was used by, or belonged to, a corpora- tion of which that person also stated that he was at the time of the statement a director, officer or employee. shall be admissible as evidence for the purpose of determin- ing by whom the vehicle was being driven or used, or to whom it belonged, as the case may be, on that occasion.

0) Nothing in subsection (1) or (2) shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have beed admissible in those proceedings.

(4) Nothing in subsection (1) or (2) shall be deemed to make a certificate admissible as evidence in proceedings for an offence-

(a) unless a copy thereof has, not less than 7 days before the hearing or trial, been served on the person charged with the offence; or

(b) if that person, not later than 3 days before the hearing or trial or within such further lime as the court may in special circumstances allow, serves a notice in the form set out in Farm 3 of the Second Schedule on the prosecutor requiring attendance at the trial of the person who signed the certificate.

(5) A certificate or other document required by sub- section (4) to be served on any person may be served-

(a) by delivering it personally to the person to be served, or by addressing it to him and leaving it at, or sending it by registered post to his last or usual place of abode or place of business; or

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(6) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or by sending it by registered post addressed to the secretary or clerk of that body at that office.”.

5. The Schedule to the principal Ordinance is amended by deleting Amendment of the heading "SCHEDULE." and substituting the following—

"FIRST SCHEDULE”.

Schedul.

The principal Ordinance is amended by adding at the end thereof Allion of the following new Schedule-

"SECOND SCHEDULE (s. 30A(1), (2) & (4)())

FORM 1

FORM OF CERTIFICATE BY POLICE OFFICER AS TO DRAWING OR PLAN

I, A.B.. of

本人其甲)。地址蒇

****

hereby certify 茲 14

that this plan or drawing was made by me and is correctly drawn to a

蝾 巧 Ht * 廓麒 *

N # scale of **

B

Dated this A # :

* * *

ZEMEENA -

19.........

to

HE

day of

#

1F

月

A.B.

(*)

Rant

影片

Form 2

表格二

FORM OF CERTIFICATE BY POLICE OFFICER OF STATEMENT AS TO MOTOR VEHICLE

*BARRR#$2##A±M***

289 # **

hereby certify

I, A.B., of

本人(某甲),地址岛

茲證明

day of

A

that on the #

JL

19...

New Schedule.