Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.33A

Certificate of record of information sent using specified system

(1)
A document
purporting—
(a)
to be a copy of the record of any information sent using
                    the
                    specified system and produced from one of the Government’s
                    computer systems; and
(b)
to be certified by the Commissioner or the Director,
shall be admitted in any proceedings under this Ordinance before a court or
                magistrate on its production without further proof.
(2)
Where a document is produced and admitted as evidence under subsection
                (1
)—
(a)
the court or magistrate before which it is produced shall, until the
                    contrary is proved,
presume—
(i)
that it was certified under subsection
(1
)(
b)
;
(ii)
that the document is a true copy of the record of information so sent;
                        and
(iii)
that the record was duly made at the time referred to in the document;
                        and
(b)
the document is evidence of the contents of the information sent by the
                    sender using the
                    specified
                    system.
(3)
Where a document is produced and admitted as evidence under subsection (1), the
                court or magistrate may, if it or he thinks fit, on its or his own motion or on the
                application of any party to the proceedings, summon the person who certified the
                document and examine him as to its subject-matter.