1986 Ed.]
Theft
[CAP. 210
17
patched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions-
(a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and
(b) a statutory declaration shall only be admissible if at least 7 days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration.
(5) This section is to be construed in accordance with section 26, and in subsection (3)(b) of this section the reference to handling stolen goods shall include any corresponding offence committed before the commencement of this Ordinance.
(6) In any proceedings for an offence under section 17, 18, 18A or 18B (Amended, 45 of 1980, s. 5)
(a) any person who-
(i) obtains property, pecuniary advantage or services by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have obtained the property, pecuniary advantage or services with knowledge that such cheque or other bill of exchange would not be honoured; or
(ii) evades liability to make a payment by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have evaded the liability to make a payment with knowledge that such cheque or other bill of exchange would not be honoured; (Replaced, 45 of 1980, s. 5)
(b) where-
(i) any cheque or other bill of exchange bears any writing purporting to be written by or on behalf of the bank or other person on whom the cheque or bill of exchange was drawn and indicating that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due; or
(ii) any document purporting to be made by or on behalf of the bank or other person on whom any cheque or bill of exchange was drawn bears any writing indicating that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due,
then payment of the cheque or bill of exchange shall, until the contrary is proved, be deemed to have been so refused;
1986 Ed.]
Theft
[CAP. 210
17
patched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions-
(a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and
(b) a statutory declaration shall only be admissible if at least 7 days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration.
(5) This section is to be construed in accordance with section 26, and in subsection (3)(b) of this section the reference to handling stolen goods shall include any corresponding offence committed before the commencement of this Ordinance.
(6) In any proceedings for an offence under section 17, 18, 18A or 18B (Amended, 45 of 1980, s. 5)
(a) any person who-
(i) obtains property, pecuniary advantage or services by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have obtained the property, pecuniary advantage or services with knowledge that such cheque or other bill of exchange would not be honoured; or
(ii) evades liability to make a payment by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have evaded the liability to make a payment with knowledge that such cheque or other bill of exchange would not be honoured; (Re- placed, 45 of 1980, s. 5)
(b) where-
(i) any cheque or other bill of exchange bears any writing purporting to be written by or on behalf of the bank or other person on whom the cheque or bill of ex- change was drawn and indicating that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due; or
(ii) any document purporting to be made by or on behalf of the bank or other person on whom any cheque or bill of exchange was drawn bears any writing indicating that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due,
then payment of the cheque or bill of exchange shall, until the contrary is proved, be deemed to have been so refused;
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