Full legislation
s.29A
Certified transcripts of tape recordings
(1)
A document
purporting—
(a)
to be a transcript of the whole or any part of a record 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. 6
)
(b)
to be certified, by a person appointed under subsection (2) to certify
transcripts of records in such other language, as an accurate
transcript,
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 transcripts of records in such other language;
and
(iii)
the document is an accurate transcript of the whole or part of the record
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, transcripts of records 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 transcript of a record in a language specified in the terms of his
appointment notwithstanding that the transcript 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 transcription of records 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 transcripts of records in any language
specified in his appointment under those provisions, be deemed to be appointed under
subsection (2) of this section.
(7)
In this section
record
(
紀錄
) means any disc, tape, sound track or other device in which sounds or
other data (not being visual images) are embodied so as to be capable (with or
without the aid of some other equipment) of being reproduced therefrom.