Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.27

Certified translations of documents

(1)
A document
purporting—
(a)
to be a translation of the whole or any part of a document written in a
                    language other than the English language or the Chinese language which has been
                    admitted in evidence in any criminal or civil proceedings; and
(Amended
51 of 1995 s. 5
)
(b)
to be certified, by a person appointed under subsection (2) to certify
                    translations of documents written in such other language, as an accurate
                    translation,
shall be admitted in evidence in those proceedings on its production without
                further proof and, until the contrary is proved, the court before which such
                document is produced shall presume
that—
(i)
the signature on the document of the person certifying it is
                    genuine;
(ii)
such person was at the time of certifying the document appointed under
                    subsection (2) to certify translations of documents written in such other
                    language; and
(iii)
the document is an accurate translation of the whole or part of the
                    document to which it purports to refer.
(2)
The Chief Justice may appoint in writing any person to make and to certify, for
                the purposes of this section, translations of documents written in any language
                specified in the terms of the appointment.
(3)
A person appointed under subsection (2) may certify, for the purposes of this
                section, a translation of a document written in a language specified in the terms of
                his appointment notwithstanding that the translation was not made by him.
(4)
Where any document is produced and admitted in evidence under subsection (1),
                the court may, if it thinks fit, on its own motion or on the application of any
                party to the proceedings, summon the person who certified the document and examine
                him as to the subject-matter thereof.
(5)
No document admitted in evidence in any criminal or civil proceedings prior to
                the
                    commencement
#
of the Evidence (Amendment) Ordinance 1982 (
47 of
                1982
) and purporting to have been so admitted under the provisions of this
                section in force immediately prior to such commencement, shall be held to have been
                wrongly admitted on the ground only that the document was made by a person other
                than the person who signed it if the person who signed it was a person appointed
                under those provisions to carry out the translation of documents and to sign
                certificates in relation thereto.
(6)
A person who immediately prior to the
                    commencement
#
of the Evidence (Amendment) Ordinance 1982 (
47 of
                1982
) was a person appointed under the provisions of this section in force
                prior to such commencement shall, as respects translations of documents written in
                any language specified in the terms of his appointment under those provisions, be
                deemed to be appointed under subsection (2) of this section.
(7)
In this section
translation
(
譯本
) means a translation in the English language or
                the Chinese language.
(Amended
51 of 1995 s. 5
)