Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 54A

Certificates of image recording and printing devices

(1) A document in such form as may be specified by the Commissioner
purporting-

   (a)  to be a record of the testing of the functioning, inspection or
        servicing of an image recording device (with or without any associated
        image printing device) used for the purpose of recording and, where
        appropriate, reproducing the images of vehicles passing through a toll
        booth and specified in the document; and

   (b)  to be certified as to such testing, inspection or servicing by a
        person authorized in this behalf by the Company, shall be admitted as
        evidence 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, in the absence of
        evidence to the contrary, presume-

        (i)    that it was signed at the time and place specified in it by a
               person authorized by the Company;

        (ii)   that the facts stated in the document relating to the testing
               of the functioning, inspection or servicing of the image
               recording device and the associated image printing device, if
               any, specified in it are true; and

        (iii)  that the record of the facts stated in the document was made
               and compiled at the time stated in it;

   (b)  the document shall be evidence of all other matters contained in it;
        and

   (c)  the recording and print, if any, produced by using the image recording
        device and the associated image printing device, where appropriate,
        shall be evidence of all matters contained in them.

(3) Where any document is produced and admitted as 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 signed the document and
examine him as to the matter the subject of the document. (Added 29 of 1999 s.
2)