1964_EVIDENCE_ORDINANCE — Page 37

36

CAP. 8]

Admissibility of evidence as to

credibility of

maker, etc. of statement admitted under

section 47 or 49.

1968 c. 64, s. 7.

Evidence

[1984 Ed.

(b) in the case of a statement falling within section 49(1), to the question whether or not the person who originally supplied the information from which the record containing the statement was compiled did so contemporaneously with the occurrence or existence of the facts dealt with in that information, and to the question whether or not that person, or any person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts; and

(c) in the case of a statement falling within section 50(1), to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied thereto, con- temporaneously with the occurrence or existence of the facts dealt with in that information, and to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.

(4) For the purpose of any enactment or rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated-

(a) a statement which is admissible in evidence by virtue of section 47 or 48 shall not be capable of corroborating evidence given by the maker of the statement; and

(b) a statement which is admissible in evidence by virtue of

section 49 shall not be capable of corroborating evidence given by the person who originally supplied the informa- tion from which the record containing the statement was compiled.

(5) If any person in a certificate tendered in evidence in civil proceedings by virtue of section 50(4) wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 2 years.

(Added, 25 of 1969, s. 6)

52. (1) Subject to rules, where in any civil proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 47-

(a) any evidence which, if that person had been so called, would be admissible for the purpose of destroying or supporting his credibility as a witness shall be admissible for that purpose in those proceedings; and

(b) evidence tending to prove that, whether before or after he made that statement, that person made (whether orally