Cap. 8activeordinance

Evidence Ordinance

證據條例

Full legislation

s.29

Certificate of posting of documents

(1)
Where any Ordinance authorizes or requires any document to be served or any notice to be given by post or by registered post, a certificate
purporting—
(a)
to
certify—
(i)
that a specified document or notice, addressed to a person named in the certificate, was addressed to that person at a specified address;
(ii)
that the appropriate postage on the said document or notice was prepaid; and
(iii)
that the said document or notice was despatched by post or by registered post at a time and place specified in the certificate; and
(b)
to be signed at the time and place specified in the certificate by the person
who—
(i)
ensured that the appropriate postage on the said document or notice was prepaid; and
(ii)
despatched the said document or notice by post or by registered post at the said specified time and place,
shall be admitted in any criminal or civil proceedings before any court on its production without further proof.
(2)
On the production of a certificate under subsection (1
)—
(a)
the court before which it is produced shall, until the contrary is proved,
presume—
(i)
that the facts stated therein relating to the posting of the document or notice specified therein are true;
(ii)
that the certificate was signed at the time and place specified therein by the person who posted the specified document or notice; and
(b)
the certificate shall be prima facie evidence of all of the matters contained therein.