42
Evidence
Cap 80
[2009]
original or of any fact stated therein where direct evidence would be
admissible.
(2) The conditions mentioned in subsection (1), in respect of a
computer output, are the following(a) the computer output containing the information was produced
by the computer during the period over which the computer was used
to store or process information for any activities regularly carried out
over that period by a person having lawful control over the use of the
computer;
(b) during the said period, information of the kind contained
in the electronic record or of the kind from which the information so
contained is derived was regularly fed into the computer in the ordinary
course of the said activities;
(c) throughout the material part of the said period, the computer
was operating properly or, if not, then in respect of any period in which
it was not operating properly or was out of operation during that part
of the period, was not such as to affect the electronic record or the
accuracy of its content; and
(d) the information contained in the electronic record reproduces
or is derived from such information fed into the computer in the ordinary
course of the said activities.
(3) Where over any period, the function of storing or processing
information for the purposes of any activities regularly carried on
over that period as mentioned in paragraph (a) of sub-section (2) was
regularly performed by computers, whether(a) by a combination of computers operating in succession
over that period; or
(b) by different computers operating in succession over that
period; or
(c) in any manner involving the successive operation over that
period, in whatever order, of one or more computers and one
or more combinations of computers,
then all computers used for that purpose during that period shall be
treated for the purposes of this section to constitute a single computer and
references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement
in evidence by virtue of this section, a certificate doing any of the
following-
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