Contents of Section

Chapter:

8 PDFTitle:EVIDENCE ORDINANCEGazette Number:L.N. 96 of 1999
Section:54Heading:Proof of records of business or public bodyVersion Date:01/06/1999


(1) A document which is shown to form part of the records of a business or public body may be received in evidence in civil proceedings without further proof.
(2) A document shall be taken to form part of the records of a business or public body if there is produced to the court a certificate of that effect signed by an officer of the business or body to which the records belong.
(3) For the purposes of subsection (2)-

        (a) a document purporting to be a certificate signed by an officer of a business or public body shall be deemed to have been duly given by such an officer and signed by him; and
        (b) a certificate shall be treated as signed by a person if it purports to bear his signature or a facsimile of his signature.
(4) In this section-
"business" (業務) includes any activity regularly carried on over a period of time, whether for profit or not, by any body (whether corporate or not) or by an individual;
"officer" (高級人員) includes any person occupying a responsible position in relation to the relevant activities of the business or public body or in relation to its records;
"public body" (公共機構) includes any executive, legislative, municipal, or urban council, any Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body whether paid or unpaid appointed by the Chief Executive or the Government or which has power to act in a public capacity under or for the purposes of any enactment;
"records" (紀錄) means records in whatever form, and includes computer-generated records.
(5) The court may, having regard to the circumstances of the case, direct that all or any of the provisions of this section do not apply in relation to a particular document or record, or description of documents or records.
(Replaced 2 of 1999 s. 2)
[cf. 1995 c. 38 s. 9 U.K.]