[2009]
Evidence
57
Cap 80
(3) Whenever a witness may refresh his memory by reference to
any writing, he may, with the permission of the court, refer to a copy
of such writing, if the court is satisfied that there is sufficient reason for
the non-production of the original.
(4) An expert may refresh his memory by reference to professional
treatises.
168. A witness may testify to facts mentioned in any such writing
as is referred to in section 167 although he has no specific recollection of
the facts themselves, if he is sure that the facts were correctly recorded
in the document.
Reference to accurate
contemporaneous
record though facts
themselves not
specifically recalled.
169. Any writing referred to in section 167 or section 168 shall Rights of adverse
be produced and shown to the adverse party if he requires it, and such party as to
contemporaneous
party may, if he pleases, cross-examine the witness thereupon.
writing.
170. (1) A witness summoned to produce a document shall, if
it is in his possession or power, bring it to court notwithstanding any
objection which there may be to its production or to its admissibility,
but the validity of any such objection shall be tried by the court.
Production
of documents
of doubtful
admissibility.
(2) (a) The court, if it sees fit, may inspect the document, unless
it is a document to which the provisions of section 131 are
applied, or take other evidence to enable it to determine on
its admissibility.
(b) If for such purpose it is necessary to cause any document
to be translated, the court may, if it thinks fit, direct the
translator to keep the contents secret, unless the document
is to be given in evidence.
Document produced
171. When a party calls for a document which he has given the in answer to notice to
other party notice to produce, and such document is produced and be given as evidence
inspected by the party calling for its production, he is bound to give it if required.
as evidence if the party producing it requires him to do so and if it is
admissible.
172. When a party refuses to produce a document for which
he has had notice to produce, he cannot afterwards use the document
as evidence without the consent of the other party or the order of the
court.
Consequence of
refusal to produce
document in answer
to notice.
173. (1) A judge or magistrate may, in order to discover or to Extended
powers of court for
obtain proper evidence, ask any question he pleases, in any form, at
purpose of obtaining
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