Evidence Act · 2014 Revised Edition · Chapter V
80A. Prints from films in the possession of Government of Brunei Darussalam or public body
Official textFrom Attorney General's Chambers, unchanged
A print, whether enlarged or not, purporting to be made from a film of any document in the possession of the Government of Brunei
Darussalam or any public body may be produced in proof of the contents of the document or such part of the document to which the print purports to be a copy, upon proof that —
document
“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.
while the document was in the custody or control of the
Government of Brunei Darussalam or public body, the film was taken in order to keep a permanent record thereof; and
the document photographed —
was subsequently destroyed, whether deliberately or otherwise;
was so damaged as to be wholly or partly indecipherable;
was lost; or
had passed out of the custody or control of the
Government of Brunei Darussalam or public body.
Evidence
Proof —
that a print is made from a film of a document in the possession of the Government of Brunei Darussalam or public body; and
of compliance with the conditions in subsection (1), may be given in respect of any document or groups of documents by a public officer or by an employee of the public body having custody or control of the film, orally or by a certificate purporting to be signed by such public officer or employee.
A certificate under subsection (2) shall be admissible in evidence in any proceedings before any court on its production without further proof.
evidence
“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.
On the production of a certificate under subsection (3), the court before which it is produced shall, until the contrary is proved, presume that —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true; and
the certificate purporting to be signed by a public officer or an employee of a specified statutory body has been signed by him.
In this section, “film” includes a photographic plate, microfilm and photostatic negative.
microfilm
“microfilm” means any transparent material bearing a visual image in reduced size either singly or as a series, and includes microfiche;
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.
microfilm
Defined · s 3“microfilm” means any transparent material bearing a visual image in reduced size either singly or as a series, and includes microfiche;
negative
Defined · s 3“negative” means a transparent negative photograph on any substance or material, and includes any transparent negative photograph made from the original negative photograph. A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. A fact is said to be “not proved” when it is neither proved nor disproved. Presumption.
Chapter VI
Part III