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Evidence Ordinance

COMMENCEMENT DATE Wednesday, 01 January 1896

EVIDENCE ORDINANCE

Arrangement of Sections

PART I

Relevancy of Facts

CHAPTER I

Preliminary

1.        Short title.

2.        Extent.

3.        Interpretation.

4.        May presume.

CHAPTER II

Of the Relevancy of Facts

5.        Evidence may be given of facts in issue and relevant facts.

6.        Relevancy of facts forming part of same transaction.

7.        Facts which are the occasion, cause, or effect of facts in issue.

8.        Motive or preparation.

9.        Facts necessary to explain or introduce relevant facts.

10.      Things said or done by conspirator in reference to common intention.

11.      When facts not otherwise relevant are relevant.

12.      In suits for damages facts tending to enable Court to determine amount are relevant.

13.      Facts relevant when right or custom is in question.

14.      Facts showing existence of state of mind or of body or bodily feeling.

15.      Facts bearing on question whether act was accidental or intentional.

16.      Existence of course of business when relevant.

17.      Admissions defined.

18.      Admission by party to proceeding or his agent.

19.      Admissions by persons whose position must be proved as against party to suit.

20.      Admissions by persons expressly referred to by party to suit.

21.      Prooffice is admissions against the person who makes them or his representative in interest.

22.      When oral admissions as to contents of documents are relevant.

23.      Admissions in civil cases when relevant.

24.      Confession caused by inducement, threat, or promise irrelevant.

25.      Confession made to a police officer not to be proved against an accused person.

26.      Confession made by any person while in custody of a police officer not to be proved against him.

27.      How much of information received from accused may be proved.

27A.   Meaning of terms “forest officer” and “excise officer”.

28.      Confession made after removal of impression caused by inducement, threat, or promise, relevant.

29.      Confession otherwise relevant not to become irrelevant because of promise of secrecy.

30.      Confession made by one of several persons tried jointly for the same offence.

31.      Admission not conclusive proof but may stop.

Statements by Persons Who Cannot be Called as Witness

32.      Cases in which statement of relevant fact by person who is dead or cannot be found is relevant.

33.      Evidence in a former judicial proceeding when relevant.

Statements Made under Special Circumstances

34.      Entries in books of account when relevant.

35.      Entry in public record made in performance of duty enjoined by law, whom relevant.

35A.   Statements contained in records compiled on information supplied by third parties having personal knowledge of the matters contained in such statement, when relevant.

36.      Maps, charts and plans, when relevant.

37.      Statement as to fact of public nature contained in any United Kingdom Act, enactment or notification when relevant.

38.      Statements in law books when relevant.

38A.   Statement as to age in a certificate of a Medical Practitioner when relevant.

How Much of a Statement is to be Proved

39.      What evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers.

Judgments of Courts of Justice When Relevant

40.      Previous judgments relevant to bar a second suit or trial.

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