Hong Kong Ordinances

TSING SHA CONTROL AREA ORDINANCE - SECT 18

Certificates of image capturing, image recording and image printing devices

Image capturing, image recording and image printing devices and photographic
process

(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 capturing or image recording device, with or
        without any associated image printing device, used for the purpose of
        capturing or recording and, where appropriate, reproducing the images
        of any vehicle which passes through a toll booth without the payment
        of a toll, or which exceeds a speed limit, specified in the document;
        and

   (b)  to be certified as to such testing, inspection or servicing by a
        person authorized in that behalf by the Commissioner, shall be
        admitted as evidence in any proceedings before any court on its
        production without further proof.

(2) On the production of a document before a court under subsection

(1)—

   (a)  the court shall, in the absence of evidence to the contrary,
        presume—

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

        (ii)   that the facts stated in the document relating to the testing
               of the functioning, inspection or servicing of the device
               specified in the document 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 is evidence of all matters contained in it; and

   (c)  the image and print, if any, produced by using the device is evidence
        of all matters contained in the image and print.

(3) If any document is 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 subject matter of the document.