1964_EVIDENCE_ORDINANCE — Page 36

1984 Ed.]

Evidence

(5) For the purposes of this Part-

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(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment:

(b) where, in the course of activities carried on by any person. information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that com- puter, shall be taken to be supplied to it in the course of those activities;

(c) a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appro- priate equipment.

(6) Subject to subsection (3), in this Part "computer" means any device for storing and processing information, and any reference to information being derived from other information is a reference to its being derived therefrom by calculation, comparison or any other process.

( Added, 25 of 1969, s. 6)

Provisions

sections 47 to 50.

1968 c. 64, s. 6.

51. (1) Where in any civil proceedings a statement contained in a document is proposed to be given in evidence by virtue of supplementary to section 47, 49 or 50 it may, subject to any rules, be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part thereof, authenticated in such manner as the court may approve.

(2) For the purpose of deciding whether or not a statement is admissible in evidence by virtue of section 47, 49 or 50, the court may draw any reasonable inference from the circumstances in which the statement was made or otherwise came into being or from any other circumstances, including, in the case of a statement contained in a document, the form and contents of that document.

(3) In estimating the weight, if any, to be attached to a statement admissible in evidence by virtue of section 47, 48, 49 or 50 regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular-

(a) in the case of a statement falling within section 47(1) or 48 (1) or (2), to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent the facts;