Evidence Ordinance

(1)
A print, whether enlarged or not, purporting to be made from a film of a document in the possession of the Government or an authorized person shall be admitted in evidence in any civil proceedings before any court on its production, upon proof
that—
(Amended
37 of 1984 s. 8
)
(a)
while the document was in the custody or control of the Government or authorized person the film was taken in order to keep a permanent record thereof; and
(b)
the document
photographed—
(i)
was subsequently destroyed, whether deliberately or otherwise;
(ii)
was so damaged as to be wholly or partly indecipherable;
(iii)
was lost; or
(iv)
had passed out of the custody or control of the Government or authorized person.
(2)
Proof—
(a)
that a print is made from a film of a document in the possession of the Government or an authorized person; and
(b)
of compliance with the conditions in subsection (1),
may be given in respect of any document or groups of documents by a public officer, by an employee of an authorized person or by an authorized person, orally or by a certificate purporting to be signed by such public officer, employee or person.
(3)
A certificate under subsection (2) shall be admitted in evidence in any civil proceedings before any court on its production without further proof.
(Amended
37 of 1984 s. 8
)
(4)
On the production of a certificate under subsection (3) the court before which it is produced shall, until the contrary is proved,
presume—
(a)
that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and
(b)
that the certificate purporting to be signed by a public officer, an employee of an authorized person or an authorized person has been signed by him.
(5)
The Chief Secretary for Administration may, by order published in the Gazette, declare any person or class of persons to be authorized persons for the purposes of this section.
(Amended
15 of 1975 s. 4
;
L.N. 362 of 1997
)