Evidence Act · 2014 Revised Edition · Chapter III
57. Facts of which court must take judicial notice
Official textFrom Attorney General's Chambers, unchanged
The court shall take judicial notice of the following facts —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
all laws or regulations having the force of law now or heretofore, in force or hereafter to be in force, in any part of Brunei
Darussalam;
Evidence
all public Acts passed or hereafter to be passed by
Parliament, and all local and personal Acts directed by Parliament to be judicially noticed;
articles of war for the Armed Forces or any visiting forces lawfully present in Brunei Darussalam;
the course of proceedings of Parliament and of the
Legislative Council;
Explanation — The word “Parliament” in paragraphs (b) and (d)
means —
The Parliament of the United Kingdom of Great
Britain and Northern Ireland;
The Parliament of the United Kingdom of Great
Britain and Ireland;
The Parliament of Northern Ireland;
The Parliament of Great Britain;
The Parliament of England;
The Parliament of Scotland; and
The Parliament of Ireland prior to the 1st day of
January, 1801;
the accession of His Majesty the Sultan and Yang
Di-Pertuan;
the accession and the sign manual of the Sovereign for the time being of the United Kingdom;
all seals of which Brunei Darussalam courts take judicial notice, the seals of all the courts of Brunei Darussalam, the seals of courts of Admiralty and maritime jurisdiction and of notaries public, and all seals which any person is authorised to use by any law in force for the time being in Brunei Darussalam;
the accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any part of Brunei Darussalam, if the fact of their appointment to such office is notified in the Gazette;
Evidence 50
the existence, title and national flag of every State or
Sovereign recognised by His Majesty the Sultan and Yang
Di-Pertuan;
the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the world, the meaning of Malay and English words, and public festivals, fasts and holidays notified in the Gazette;
the Commonwealth countries;
the commencement, continuance and termination of hostilities between Brunei Darussalam or any part of the
Commonwealth and any other State or body of persons;
the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and solicitors and other persons authorised by law to appear or act before it;
the rule of the road on the land, sea regulations and the rules of the air;
all other matters which it is directed by any written law to notice.
In all these cases, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference.
If the court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it considers necessary to enable it to do so.
fact
“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Facts admitted need not be proved.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
document
Defined · s 3“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Chapter IV
Chapter V
Chapter VI
Part III