Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 27

Certified translations of documents

(Past version on 30/06/1997).

(1) A document purporting-

   (a)  to be a translation of the whole or any part of a document written 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. 5)

   (b)  to be certified, by a person appointed under subsection (2) to certify
        translations of documents written in such other language, as an
        accurate translation, 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 translations of
               documents written in such other language; and

        (iii)  the document is an accurate translation of the whole or part of
               the document 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, translations of documents written
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 translation of a document written in a language specified in
the terms of his appointment notwithstanding that the translation 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 translation of
documents 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 translations of documents written in any language specified in the
terms of his appointment under those provisions, be deemed to be appointed
under subsection (2) of this section.

(7) In this section "translation" (譯本) means a translation in the English
language or the Chinese language. (Amended 51 of 1995 s. 5) (Replaced 47 of
1982 s. 2)

"translation" (譯本)