Hong Kong Ordinances

EVIDENCE ORDINANCE - SECT 40

Prints from films of Government documents, etc.

(Past version on 30/06/1997).

(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)
(Added 6 of 1973 s. 2)