Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.28

Certificates of accuracy of speedometers and radar and weighing devices

(1)
A document
purporting—
(a)
to be a record of the testing of the accuracy, inspection and servicing
of—
(i)
the speedometer of the motor vehicle specified in the document;
(ii)
a radar device or any other apparatus specified in the document designed and used for the purpose of ascertaining the speed of a motor vehicle; or
(iii)
a weighing device or any other apparatus specified in the document designed and used for the purpose of ascertaining the laden or unladen weight of a motor vehicle; and
(b)
to be
certified—
(i)
in the case of the speedometer, by a person authorized in this behalf by the Director of Electrical and Mechanical Services;
(Amended
L.N. 76 of 1982
;
L.N. 298 of 1982
)
(ii)
in the case of a radar device or any other apparatus designed and used for the purpose of ascertaining the speed of a motor vehicle, by a person authorized in this behalf by the Commissioner of Police; and
(iii)
in the case of a weighing device or any other apparatus designed and used for the purpose of ascertaining the laden or unladen weight of a motor vehicle, by a person authorized in this behalf by the Commissioner for Transport,
shall be admitted in any criminal or civil proceedings before any court on its production without further proof.
(2)
On the production of a document under subsection (1
)—
(a)
the court before which it is produced shall, until the contrary is proved,
presume—
(i)
that it was signed at the time and place specified therein by a person authorized by the appropriate public officer specified in the document;
(ii)
that the facts stated in the document relating to the testing of the accuracy, inspection and servicing of the speedometer of the vehicle specified therein or the radar or weighing device or any other apparatus specified therein are true; and
(iii)
that the record of the facts stated in the document was made and compiled at the time stated therein; and
(b)
the document shall be prima facie evidence of all matters contained therein.