Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 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. (Replaced 47 of 1982 s. 3)

"record" (紀錄)