1984 Ed.]
Evidence
[CAP. 8
29
(2) On the production of a print under subsection (1) the court before which it is produced shall, until the contrary is proved, presume-
(a) that a certificate purporting to be signed by the public officer or person having custody of the film has been signed by him; and
(b) that the print to which the certificate refers has been made from a film of the public document.
(Added, 6 of 1973, s. 2)
40. (1) A print, whether enlarged or not, purporting to be made from a film of a document in the possession of the Government or an authorized person shall be admitted in evidence in any civil proceedings before any court on its production, upon proof that (Amended, 37 of 1984, s. 8)
(a) while the document was in the custody or control of the Government or authorized person the film was taken in order to keep a permanent record thereof; and
(b) the document photographed----
(i) was subsequently destroyed, whether deliberately or otherwise;
(ii) was so damaged as to be wholly or partly indecipherable;
(iii) was lost; or
(iv) had passed out of the custody or control of the Government or authorized person.
(2) Proof-
(a) that a print is made from a film of a document in the possession of the Government or an authorized person; and
(b) of compliance with the conditions in subsection (1),
may be given in respect of any document or groups of documents by a public officer, by an employee of an authorized person or by an authorized person, orally or by a certificate purporting to be signed by such public officer, employee or person.
(3) A certificate under subsection (2) shall be admitted in evidence in any civil proceedings before any court on its production without further proof. (Amended, 37 of 1984, s. 8)
(4) On the production of a certificate under subsection (3) the court before which it is produced shall, until the contrary is proved, presume
(a) that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and
Prints from films of Government documents, etc.
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Page 31
1984 Ed.]
Evidence
[CAP. 8
29
(2) On the production of a print under subsection (1) the court before which it is produced shall, until the contrary is proved, presume-
(a) that a certificate purporting to be signed by the public officer or person having custody of the film has been signed by him; and
(b) that the print to which the certificate refers has been made
from a film of the public document.
( Added, 6 of 1973, s. 2)
40. (1) A print, whether enlarged or not, purporting to be made from a film of a document in the possession of the Govern- ment or an authorized person shall be admitted in evidence in any civil proceedings before any court on its production, upon proof that (Amended, 37 of 1984, s. 8)
(a) while the document was in the custody or control of the Government or authorized person the film was taken in order to keep a permanent record thereof; and
(b) the document photographed----
(i) was subsequently destroyed, whether deliberately or otherwise;
(ii) was so damaged as to be wholly or partly in- decipherable;
(iii) was lost; or
(iv) had passed out of the custody or control of the Government or authorized person.
(2) Proof-
(a) that a print is made from a film of a document in the possession of the Government or an authorized person; and
(b) of compliance with the conditions in subsection (1),
may be given in respect of any document or groups of documents by a public officer, by an employee of an authorized person or by an authorized person, orally or by a certificate purporting to be signed by such public officer, employee or person.
(3) A certificate under subsection (2) shall be admitted in evidence in any civil proceedings before any court on its production without further proof. (Amended, 37 of 1984, s. 8)
(4) On the production of a certificate under subsection (3) the court before which it is produced shall, until the contrary is proved, presume
(a) that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and
Prints from films of Government documents, etc.
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