Cap. 8activeordinance

Evidence Ordinance

證據條例

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.