1964_EVIDENCE_ORDINANCE — Page 34

1984 Ed.]

Evidence

[CAP. 8

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certain records as evidence of facts stated.

49. (1) Without prejudice to section 50, in any civil proceed- Admissibility of ings a statement contained in a document shall, subject to this section and to rules, be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible, if the document is, or forms part of, a record compiled by a person acting under a duty from information which-

(a) was supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and

(b) if not supplied by that person to the compiler of the record directly, was supplied by him to the compiler of the record indirectly through one or more intermediaries each acting under a duty.

(2) Where in any civil proceedings a party desiring to give a statement in evidence by virtue of this section has called or intends to call as a witness in the proceedings the person who originally supplied the information from which the record containing the statement was compiled, the statement-

(a) shall not be given in evidence by virtue of this section on

behalf of that party without the leave of the court; and

(b) without prejudice to paragraph (a), shall not without the leave of the court be given in evidence by virtue of this section on behalf of that party before the conclusion of the examination-in-chief of the person who originally supplied the said information.

(3) Any reference in this section to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.

(Added, 25 of 1969, s. 6)

50. (1) In any civil proceedings a statement contained in a document produced by a computer shall, subject to rules, be admissible as evidence of any fact stated therein of which direct oral evidence would be admissible, if it is shown that the conditions mentioned in subsection (2) are satisfied in relation to the statement and computer in question.

(2) The conditions referred to in subsection (1) are-

(a) that the document containing the statement was produced by the computer during a period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period, whether for profit or not, by any person;

(b) that over that period there was regularly supplied to the computer in the ordinary course of those activities

1968 c. 64. s. 4.

Admissibility of statements produced by computers. 1968 c. 64, s. 5.