28
Evidence
Cap 80
[2009]
or images embodied in such micro-film; or
(b) a facsimile copy of a document or an image of a document
derived or captured from the original document; or
(c) a statement contained in a document and included in printed
material produced by a computer (hereinafter referred to as
a “computer print-out”)
shall, if the conditions stipulated in subsection (6) of this section
are satisfied, be deemed to also be a document for the purposes of
this Act and shall be admissible in any proceedings without further
proof of production of the original, as evidence of any contents of the
original or of any facts stated therein of which direct evidence would
be admissible.
(6) The conditions referred to in subsection (5) in respect of a
computer print-out shall be the following, namely(a) the computer print-out containing the statement must have
been produced by the computer during the period in which the
computer was regularly used to store or process information
for the purposes of any activities regularly carried on over
that period by a person having lawful control over the use
of the computer;
(b) the computer was, during the period to which the proceedings
relate, used in the ordinary course of business regularly and
was supplied with information of the kind contained in the
document or of the kind from which the information so
contained is derived;
(c) the computer was operating properly or, if not, that any
respect in which it was not operating properly was not such
as to affect the production of the document or the accuracy
of its content;
(d) the information contained in the statement reproduces or
is derived from information supplied to the computer in the
ordinary course of business.
(7) 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 subsection (6) was regularly
performed by computers, whether (a) by a combination of computers operating over that period;
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