Customs Order, 2006 · As enacted · Part XIII
123. Evidence of analysis may be given in writing
Official textFrom Attorney General's Chambers, unchanged
In any prosecution for a breach of this Order, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than 3 days before the day on which the summons is returnable.
In like manner, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the defendant, be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness.
A copy of the certificate referred to in subsections (1) or (2) shall be sent to the defendant or the prosecutor, as the case may be, at least 10 days before the day fixed for the hearing, and if it is not so sent the court may adjourn the hearing on such terms as it may think proper.
Analysts are by this Order bound to state the truth in certificates of analysis under their hands.
If any analyst is called by the defendant as provided by subsection (lL he shall be called at the expense of the defendant unless the court otherwise directs.
(6} If in any trial or proceedings under this Order it is necessary to determine the alcoholic content of any liquor, the certificate of a senior officer of customs as to such alcoholic contents shall be accepted as if such officer were an analyst and, in any such case, subsections (lL (4) and (5) shall apply in the same manner and to the same extent as if such officer were an analyst.
liquor
"liquor" includes all liquids containing more than 2 per centum of pure alcohol by weight but does not include denatured spirits;
In this section, "analyst" includes-
{a)
any person employed for the time being wholly or partly on analytical work in any department of the Government;
any chemist employed by the governments of Brunei Darussalam,
Malaysia or Singapore:
Provided that no such chemist shall, without his consent, be called as a witness in connection with any report signed by him;
{c) any other person to whom this section is declared by the Minister, by notification published in the Gazette, to apply.
Terms defined in s 2
liquor
Defined · s 2"liquor" includes all liquids containing more than 2 per centum of pure alcohol by weight but does not include denatured spirits;
officer of customs
Defined · s 2"officer of customs" means- (a) the Controller; (b) any Deputy Controller, Assistant Controller, Senior Superintendent, Superintendent, Deputy Superintendent or Assistant Superintendent of Customs and Excise appointed under section 3; and (c) the persons authorised by section 5 to exercise the powers of senior officers of customs or of officers of customs and any person appointed by His Majesty the Sultan and Yang Di-Pertuan to act as an officer of customs;