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LAWS OF MALAYSIA
REPRINT
Act 56
EVIDENCE ACT 1950
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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2
EVIDENCE ACT 1950
First enacted ...
...
...
...
...
... 1950 (Ordinance
No. 11 of 1950)
Revised
...
...
...
...
...
... 1971 (Act 56 w.e.f.
1 November 1971)
PREVIOUS REPRINTS
First Reprint ...
...
...
...
...
1983
Second Reprint
...
...
...
...
1993
Third Reprint ...
...
...
...
...
1999
PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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Evidence
3
LAWS OF MALAYSIA
Act 56
EVIDENCE ACT 1950
ARRANGEMENT OF SECTIONS
PART I
RELEVANCY
CHAPTER I
PRELIMINARY
Section
1.
Short title
2.
Extent
3.
Interpretation
4.
Presumption
CHAPTER II
RELEVANCY OF FACTS
General
5.
Evidence may be given of facts in issue and relevant facts
6.
Relevancy of facts forming part of same transaction
7.
Facts which are the occasion, cause or effect of facts in issue
8.
Motive, preparation and previous or subsequent conduct
9.
Facts necessary to explain or introduce relevant facts
10.
Things said or done by conspirator in reference to common design
11.
When facts not otherwise relevant become relevant
12.
In suits for damages facts tending to enable court to determine amount are
relevant
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Section
13.
Facts relevant when right or custom is in question
14.
Facts showing existence of state of mind or of body or bodily feeling
15.
Facts bearing on question whether act was accidental or intentional
16.
Existence of course of business when relevant
Admissions and Confessions
17.
Admission and confession defined
18.
Admission by party to proceeding, his agent or person interested
19.
Admissions by persons whose position must be proved as against party to
suit
20.
Admissions by persons expressly referred to by party to suit
21.
Proof of admissions against persons making them and by or on their behalf
22.
When oral admissions as to contents of documents are relevant
23.
Admissions in civil cases when relevant
24.
Confession caused by inducement, threat or promise when irrelevant in
criminal proceeding
25.
Confession to police officer below the rank of Inspector not to be proved
26.
Confession by accused while in custody of police not to be proved against
him
27.
How much of information received from accused may be proved
28.
Confession made after removal of impression caused by inducement,
threat or promise relevant
29.
Confession otherwise relevant not to become irrelevant because of
promise of secrecy, etc.
30.
Consideration of proved confession affecting person making it and others
jointly under trial for same offence
31.
Admissions not conclusive proof but may estop
31A.
(Deleted)
Statements by Persons who cannot be called as Witnesses
32.
Cases in which statement of relevant fact by person who is dead or cannot
be found, etc., is relevant
33.
Relevancy of certain evidence for proving in subsequent proceeding the
truth of facts therein stated
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Evidence
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Statements made under Special Circumstances
Section
34.
Entries in books of account when relevant
35.
Relevancy of entry in public record made in performance of duty
36.
Relevancy of statements in maps, charts and plans
37.
Relevancy of statement as to fact of public nature contained in certain
legislation or notifications
38.
Relevancy of statements as to any law contained in law books
How much of a Statement to be proved
39.
What evidence to be given when statement forms part of a conversation,
document, book or series of letters or papers
Judgments of Courts when relevant
40.
Previous judgments relevant to bar a second suit or trial
41.
Relevancy of certain judgments in probate, etc., jurisdiction
42.
Relevancy and effect of judgments, orders or decrees other than those
mentioned in section 41
43.
Judgments, etc., other than those mentioned in sections 40 to 42 when
relevant
44.
Fraud or collusion in obtaining judgment or incompetency of court may be
proved
Opinions of Third Persons when relevant
45.
Opinions of experts
46.
Facts bearing upon opinions of experts
47.
Opinion as to handwriting when relevant
48.
Opinion as to existence of right or custom when relevant
49.
Opinion as to usages, tenets, etc., when relevant
50.
Opinion on relationship when relevant
51.
Grounds of opinion when relevant
Character when relevant
52.
In civil cases character to prove conduct imputed irrelevant
53.
In criminal cases previous good character relevant
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54.
Previous bad character not relevant except in reply
55.
Character as affecting damages
PART II
PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
56.
Fact judicially noticeable need not be proved
57.
Facts of which court must take judicial notice
58.
Facts admitted need not be proved
CHAPTER IV
ORAL EVIDENCE
59.
Proof of facts by oral evidence
60.
Oral evidence must be direct
CHAPTER V
DOCUMENTARY EVIDENCE
61.
Proof of contents of documents
62.
Primary evidence
63.
Secondary evidence
64.
Proof of documents by primary evidence
65.
Cases in which secondary evidence relating to documents may be given
66.
Rules as to notice to produce
67.
Proof of signature and handwriting of person alleged to have signed or
written document produced
68.
Proof of execution of document required by law to be attested
69.
Proof where no attesting witness found
70.
Admission of execution by party to attested document
71.
Proof when attesting witness denies the execution
72.
Proof of document not required by law to be attested
73.
Comparison of signature, writing or seal with others admitted or proved
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Evidence
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Section
73A.
Admissibility of documentary evidence in civil cases, etc.
Public Documents
74.
Public documents
75.
Private documents
76.
Certified copies of public documents
77.
Proof of documents by production of certified copies
78.
Proof of certain official documents
78A.
Proof of public documents produced by computers
Presumptions as to Documents
79.
Presumption as to genuineness of certified copies
80.
Presumption as to documents produced as record of evidence
81.
Presumption as to Gazettes, newspapers, etc.
82.
Presumption as to document admissible in England without proof of seal
or signature
83.
Presumption as to maps or plans made by authority of Government
84.
Presumption as to collections of laws and reports of decisions
85.
Presumption as to powers of attorney
86.
Presumption as to certified copies of foreign judicial records
87.
Presumption as to books, maps and charts
88.
Presumption as to telegraphic messages
89.
Presumption as to due execution, etc., of documents not produced
90.
Presumption as to documents twenty years old
Documents Produced by a Computer
90A.
Admissibility of documents produced by computers, and of statements
contained therein
90B.
Weight to be attached to document, or statement contained in document,
admitted by virtue of section 90A
90C.
Sections 90A and 90B to prevail over other provisions of this Act, the
Bankers' Books (Evidence) Act 1949, and any written law
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CHAPTER VI
EXCLUSION OF ORAL BY
DOCUMENTARY EVIDENCE
Section
91.
Evidence of terms of contracts, grants and other dispositions of property
reduced to form of document
92.
Exclusion of evidence of oral agreement
93.
Exclusion of evidence to explain or amend ambiguous document
94.
Exclusion of evidence against application of document to existing facts
95.
Evidence as to document unmeaning in reference to existing facts
96.
Evidence as to application of language which can apply to one only of
several persons
97.
Evidence as to application of language to one of two sets of facts to neither
of which the whole correctly applies
98.
Evidence as to meaning of illegible characters, etc.
99.
Who may give evidence of agreement varying terms of documents
100.
Construction of wills
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
BURDEN OF PROOF
101.
Burden of proof
102.
On whom burden of proof lies
103.
Burden of proof as to particular fact
104.
Burden of proving fact to be proved to make evidence admissible
105.
Burden of proving that case of accused comes within exceptions
106.
Burden of proving fact especially within knowledge
107.
Burden of proving death of person known to have been alive within thirty
years
108.
Burden of proving that person is alive who has not been heard of for seven
years
109.
Burden of proof as to relationship in the cases of partners, landlord and
tenant, principal and agent
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Evidence
9
Section
110.
Burden of proof as to ownership
111.
Proof of good faith in transactions where one party is in relation of active
confidence
112.
Birth during marriage conclusive proof of legitimacy
113.
Presumption that boy under thirteen cannot commit rape
114.
Court may presume existence of certain fact
CHAPTER VIII
ESTOPPEL
115.
Estoppel
116.
Estoppel of tenant and of licensee of person in possession
117.
Estoppel of acceptor of bill of exchange, bailee or licensee
CHAPTER IX
WITNESSES
118.
Who may testify
119.
Dumb witnesses
120.
Parties to civil suits and wives and husbands
121.
Judges, Sessions Court Judges and Magistrates
122.
Communications during marriage
123.
Evidence as to affairs of State
124.
Official communications
125.
Information as to commission of offences
126.
Professional communications
127.
Section 126 to apply to interpreters, etc.
128.
Privilege not waived by volunteering evidence
129.
Confidential communications with legal advisers
130.
Production of title deeds of witness not a party
131.
Production of documents which another person having possession could
refuse to produce
132.
Witness not excused from answering on ground that answer will criminate
133.
Accomplice
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Section
133A.
Evidence of child of tender years.
134.
Number of witnesses
CHAPTER X
EXAMINATION OF WITNESSES
135.
Order of production and examination of witnesses
136.
Court to decide as to admissibility of evidence
137.
Examination-in-chief, cross-examination and re-examination
138.
Order of examinations and direction of re-examination
139.
Cross-examination of person called to produce a document
140.
Witnesses to character
141.
Leading questions
142.
When leading questions may not be asked
143.
When leading questions may be asked
144.
Evidence as to matters in writing
145.
Cross-examination as to previous statements in writing
146.
Questions lawful in cross-examination
146A.
Restrictions on evidence at trials for rape
147.
When witness to be compelled to answer
148.
Court to decide when question shall be asked and when witness compelled
to answer
149.
Question not to be asked without reasonable grounds
150.
Procedure of court in case of question being asked without reasonable
grounds
151.
Indecent and scandalous questions
152.
Questions intended to insult or annoy
153.
Exclusion of evidence to contradict answers to questions testing veracity
154.
Question by party to his own witness
155.
Impeaching credit of witness
156.
Questions tending to corroborate evidence of relevant fact admissible
157.
Former statements of witness may be proved to corroborate later
testimony as to same fact
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Evidence
11
Section
158.
What matters may be proved in connection with proved statement relevant
under section 32 or 33
159.
Refreshing memory
160.
Testimony to facts stated in document mentioned in section 159
161.
Right of adverse party as to writing used to refresh memory
162.
Production of documents and their translation
163.
Giving as evidence of document called for and produced on notice
164.
Using as evidence of document production of which was refused on notice
165.
Judge's power to put questions or order production
166.
Power of jury or assessors to put questions
CHAPTER XI
IMPROPER ADMISSION AND REJECTION
OF EVIDENCE
167.
No new trial for improper admission or rejection of evidence
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LAWS OF MALAYSIA
Act 56
EVIDENCE ACT 1950
An Act to define the law of evidence.
[Peninsular Malaysia--23 May 1950,
Ord. No. 11 of 1950;
Sabah and Sarawak--1 November 1971,
P.U.(A) 261/1971]
PART I
RELEVANCY
CHAPTER I
PRELIMINARY
Short title
1.
This Act may be cited as the Evidence Act 1950.
Extent
2.  This Act shall apply to all judicial proceedings in or before
any court, but not to affidavits presented to any court or officer
nor to proceedings before an arbitrator.
Interpretation
3.
In this Act, unless the context otherwise requires--
"computer"  means  any  device  for  recording,  storing,
processing, retrieving or producing any information or other
matter, or for performing any one or more of those functions, by
whatever name or description such device is called; and where two
or more computers carry out any one or more of those functions in
combination or in succession or otherwise howsoever conjointly,
they shall be treated as a single computer;
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"court" means a court established by or under Part IX of the
Federal Constitution and includes--
(a)
a Judge;
(b)
a Sessions Court Judge;
(c)
a Magistrate; and
(d)
except an arbitrator, every person legally authorized
to take evidence;
"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, signs, 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
howsoever made, or any sounds, electronic impulses,
or other data whatsoever;
(d)
a recording, or transmission, over a distance of any
matter by any, or any combination, of the means
mentioned in paragraph (a), (b) or (c),
or by more than one of the means mentioned in paragraphs (a), (b),
(c) and (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 drawing, painting, picture or caricature is a document.
A photograph or a negative is a document.
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Evidence
15
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 a
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" 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" means and includes--
(a)
any thing, 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;
"fact in issue" means any fact from which, either by itself or in
connection with other facts, the existence, non-existence, nature
or extent of any right, liability or disability asserted or denied in
any suit or proceeding necessarily follows;
ILLUSTRATIONS
A is accused of the murder of B.
At his trial the following facts may be in issue:
that A caused B's death;
that A intended to cause B's death;
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that A had received grave and sudden provocation from B;
that A at the time of doing the act which caused B's death was by reason
of unsoundness of mind incapable of knowing its nature;
"film" includes a microfilm and any negative;
"microfilm" means any transparent material bearing a visual
image in reduced size either singly or as a series and includes a
microfiche;
"negative" means a transparent negative photograph on any
substance or material, and includes any transparent negative
photograph made from the original negative photograph;
"proved": 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;
"disproved": 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;
"not proved": a fact is said to be "not proved" when it is neither
proved nor disproved;
"relevant": 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.
Presumption
4.  (1) Whenever it is provided by this Act that the court may
presume a fact, it may either regard the fact as proved unless and
until it is disproved, or may call for proof of it.
(2) Whenever it is directed by this Act that the court shall
presume a fact, it shall regard the fact as proved unless and until
it is disproved.
(3) When one fact is declared by this Act to be conclusive
proof of another, the court shall, on proof of the one fact, regard
the other as proved, and shall not allow evidence to be given for
the purpose of disproving it.
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17
CHAPTER II
RELEVANCY OF FACTS
General
Evidence may be given of facts in issue and relevant facts
5.  Evidence may be given in any suit or proceeding of the
existence or non-existence of every fact in issue and of such other
facts as are hereinafter declared to be relevant, and of no others.
Explanation--This section shall not enable any person to give evidence of a
fact which he is disentitled to prove by the law relating to civil procedure.
ILLUSTRATIONS
(a) A is tried for the murder of B by beating him with a club with the intention
of causing his death.
At A's trial the following facts are in issue:
A's beating B with the club;
A's causing B's death by the beating; and
A's intention to cause B's death.
(b) A a party to a suit does not comply with a notice given by B the other
partly to produce for B's inspection a document referred to in A's pleadings. This
section does not enable A to put the document in evidence on his behalf in that
suit, otherwise than in accordance with the conditions prescribed by the law
relating to civil procedure.
Relevancy of facts forming part of same transaction
6.  Facts which, though not in issue, are so connected with a fact
in issue as to form part of the same transaction are relevant,
whether they occurred at the same time and place or at different
times and places.
ILLUSTRATIONS
(a) A is accused of the murder of B by beating him. Whatever was said or
done by A or B or the bystanders at the beating or so shortly before or after it as
to form part of the transaction is a relevant fact.
(b) A is accused of waging war against the Yang di-Pertuan Agong by taking
part in an armed insurrection in which property is destroyed, troops are attacked
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and gaols are broken open. The occurrence of these facts is relevant as forming
part of the general transaction, though A may not have been present at all of
them.
(c)  A sues B for a libel contained in a letter forming part of a correspondence.
Letters between the parties relating to the subject out of which the libel arose and
forming part of the correspondence in which it is contained are relevant facts
though they do not contain the libel itself.
(d) The question is whether certain goods ordered from B were delivered to
A. The goods were delivered to several intermediate persons successively. Each
delivery is a relevant fact.
Facts which are the occasion, cause or effect of facts in issue
7.  Facts which are the occasion, cause or effect, immediate or
otherwise, of relevant facts or facts in issue, or which constitute
the state of things under which they happened or which afforded
an opportunity of their occurrence or transaction, are relevant.
ILLUSTRATIONS
(a) The question is whether A robbed B.
The facts that shortly before the robbery B went to a fair with money in his
possession and that he showed or mentioned the fact that he had it to third
persons are relevant.
(b) The question is whether A murdered B.
Marks on the ground produced by a struggle at or near the place where the
murder was committed are relevant facts.
(c)
The question is whether A poisoned B.
The state of B's health before the symptoms ascribed to poison and habits of
B, known to A, which afforded an opportunity for the administration of poison,
are relevant facts.
Motive, preparation and previous or subsequent conduct
8.  (1) Any fact is relevant which shows or constitutes a motive
or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent to any party, to
any suit or proceeding in reference to that suit or proceeding, or
in reference to any fact in issue therein or relevant thereto, and
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Evidence
19
the conduct of any person an offence against whom is the subject
o f any proceeding, is relevant if the conduct influences or is
influenced by any fact in issue or relevant fact, and whether it
was previous or subsequent thereto.
Explanation 1--The word "conduct" in this section does not include
statements unless those statements accompany and explain acts other than
statements; but this explanation is not to affect the relevancy of statements under
any other section of this Act.
Explanation 2--When the conduct of any person is relevant any statement
made to him or in his presence and hearing which affects his conduct is relevant.
ILLUSTRATIONS
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C and that B had
tried to extort money from A by threatening to make his knowledge public are
relevant.
(b) A sues B upon a bond for the payment of money. B denies the making of
the bond.
The fact that at the time when the bond was alleged to be made B required
money for a particular purpose is relevant.
(c)
A is tried for the murder of B by poison.
The fact that before the death of B, A procured poison similar to that which was
administered to B is relevant.
(d) The question is whether a certain document is the will of A.
The facts that not long before the date of the alleged will A made inquiry into
matters to which the provisions of the alleged will relate, that he consulted
lawyers in reference to making the will, and that he caused drafts of other wills
to be prepared of which he did not approve are relevant.
(e)
A is accused of a crime.
The facts that either before or at the time of or after the alleged crime A
provided evidence which would tend to give to the facts of the case an
appearance favourable to himself, or that he destroyed or concealed evidence or
prevented the presence or procured the absence of persons who might have been
witnesses or suborned persons to give false evidence respecting it are relevant.
(f)
The question is whether A robbed B.
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The facts that after B was robbed, C said in A's presence: "The police are
coming to look for the man who robbed B" and that immediately afterwards A
ran away are relevant.
(g) The question is whether A owes B RM10,000.
The facts that A asked C to lend him money, and that D said to C in A's
presence and hearing: : "I advise you not to trust A for he owes B RM10,000,"
and that A went away without making any answer are relevant facts.
(h) The question is whether A committed a crime.
The fact that A absconded after receiving a letter warning him that inquiry was
being made for the criminal and the contents of the letter are relevant.
(i)
A is accused of a crime.
The facts that after the commission of the alleged crime he absconded, or was
in possession of property or the proceeds of property acquired by the crime, or
attempted to conceal things which were or might have been used in committing
it are relevant.
(j)
The question is whether A was ravished.
The facts that shortly after the alleged rape she made a complaint relating to
the crime, the circumstances under which and the terms in which the complaint
was made are relevant.
The fact that without making a complaint she said that she had been ravished
is not relevant as conduct under this section, though it may be relevant--
(i) as a dying declaration under section 32(1)(a); or
(ii) as corroborative evidence under section 157.
(k)
The question is whether A was robbed.
The fact that soon after the alleged robbery he made a complaint relating to the
offence, the circumstances under which and the terms in which the complaint
was made are relevant.
The fact that he said he had been robbed without making any complaint is not
relevant as conduct under this section, though it may be relevant--
(i) as a dying declaration under section 32(1)(a); or
(ii) as corroborative evidence under section 157.
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Evidence
21
Facts necessary to explain or introduce relevant facts
9.  Facts necessary to explain or introduce a fact in issue or
relevant fact, or which support or rebut an inference suggested by
a fact in issue or relevant fact, or which establish the identity of
any thing or person whose identity is relevant, or fix the time or
place at which any fact in issue or relevant fact happened or which
show the relation of parties by whom any such fact was transacted,
are relevant so far as they are necessary for that purpose.
ILLUSTRATIONS
(a)
The question is whether a given document is the will of A.
The state of A's property and of his family at the date of the alleged will may
be relevant facts.
(b)  A sues B for a libel imputing disgraceful conduct to A; B affirms that the
matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel was
published may be relevant facts as intoductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with
the alleged libel are irrelevant, though the fact that there was a dispute may be
relevant if it affected the relations between A and B.
(c)
A is accused of a crime.
The fact that soon after the commission of the crime A absconded from his
house is relevant under section 8 as conduct subsequent to and affected by facts
in issue.
The fact that at the time when he left home he had sudden and urgent business
at the place to which he went is relevant as tending to explain the fact that he left
home suddenly.
The details of the business on which he left are not relevant, except in so far as
they are necessary to show that the business was sudden and urgent.
(d)  A sues B for inducing C to break a contract of service made by him with
A. C on leaving A's service says to A: "I am leaving you because B has made me
a better offer." This statement is a relevant fact as explanatory of C's conduct,
which is relevant as a fact in issue.
(e)  A accused of theft is seen to give the stolen property to B, who is seen to
give it to A's wife. B says as he delivers it: "A says you are to hide this." B's
statement is relevant as explanatory of a fact which is part of the transaction.
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(f)  A is tried for a riot and is proved to have marched at the head of a mob.
The cries of the mob are relevant as explanatory of the nature of the transaction.
Things said or done by conspirator in reference to common
design
10. Where there is reasonable ground to believe that two or more
persons have conspired together to commit an offence or an
actionable wrong, anything said, done or written by any one of
those persons, in reference to their common intention after the
time when the intention was first entertained by any one of them,
is a relevant fact as against each of the persons believed to be so
conspiring, as well for the purpose of proving the existence of the
conspiracy as for the purpose of showing that any such person was
a party to it.
ILLUSTRATIONS
Reasonable ground exists for believing that A has joined in a conspiracy to
wage war against the Yang di-Pertuan Agong.
The facts that B procured arms in Europe for the purpose of the conspiracy, C
collected money in Malacca for a like object, D persuaded persons to join the
conspiracy in Province Wellesley, E published writings advocating the object in
view at Singapore, and F transmitted from Singapore to G at Djakarta the money
which C had collected at Malacca, and the contents of a letter written by H giving
an account of the conspiracy are each relevant, both to prove the existence of the
conspiracy and to prove A's complicity in it, although he may have been ignorant
of all of them, and although the persons by whom they were done were strangers
to him, and although they may have taken place before he joined the conspiracy
or after he left it.
When facts not otherwise relevant become relevant
11. Facts not otherwise relevant are relevant--
(a)
if they are inconsistent with any fact in issue or
relevant fact;
(b)
if by themselves or in connection with other facts they
make the existence or non-existence of any fact in
issue or relevant fact highly probable or improbable.
ILLUSTRATIONS
(a) The question is whether A committed a crime at Kuala Lumpur on a
certain day.
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The fact that on that day A was at Taiping is relevant.
The fact that near the time when the crime was committed A was at a distance
from the place where it was committed, which would render it highly
improbable, though not impossible, that he committed it is relevant.
(b) The question is whether A committed a crime.
The circumstances are such that the crime must have been committed either by
A, B, C or D. Every fact which shows that the crime could have been committed
by no one else and that it was not committed by either B, C or D is relevant.
In suits for damages facts tending to enable court to determine
amount are relevant
12. In suits in which damages are claimed any fact which will
enable the court to determine the amount of damages which ought
to be awarded is relevant.
Facts relevant when right or custom is in question
13. Where the question is as to the existence of any right or
custom the following facts are relevant:
(a)
any transaction by which the right or custom in
question was created, claimed, modified, recognized,
asserted or denied or which was inconsistent with its
existence;
(b)
particular instances in which the right or custom was
claimed, recognized or exercised or in which its
exercise was disputed, asserted or departed from.
ILLUSTRATIONS
The question is whether A has a right to a fishery. A document conferring the
fishery on A's ancestors, a pledge of the fishery by A's father, a subsequent grant
of the fishery by A's father irreconcilable with the pledge, particular instances in
which A's father exercised the right, or in which the exercise of the right was
stopped by A's neighbours, are relevant facts.
Facts showing existence of state of mind or of body or bodily
feeling
14. Facts showing the existence of any state of mind, such as
intention, knowledge, good faith, negligence, rashness, ill-will or
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goodwill towards any particular person, or showing the existence
of any state of body or bodily feeling, are relevant when the
existence of any such state of mind or body or bodily feeling is in
issue or relevant.
Explanation 1--A fact relevant as showing the existence of a relevant state of
mind must show that the state of mind exists not generally but in reference to the
particular matter in question.
Explanation 2--But where upon the trial of a person accused of an offence the
previous commission by the accused of an offence is relevant within the meaning
of this section, the previous conviction of that person shall also be relevant fact.
ILLUSTRATIONS
(a) A is accused of receiving stolen goods, knowing them to be stolen. It is
proved that he was in possession of a particular stolen article.
The fact that at the same time he was in possession of many other stolen articles
is relevant as tending to show that he knew each and all of the articles of which
he was in possession to be stolen.
(b) A is accused of fraudulently delivering to another person a counterfeit
coin, which at the time when he delivered it he knew to be counterfeit.
The fact that at the time of its delivery A was possessed of a number of other
pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person
as genuine a counterfeit coin, knowing it to be counterfeit, is relevant.
(c)
A sues B for damage done by a dog of B's which B knew to be ferocious.
The facts that the dog had previously bitten X, Yand Z, and that they had made
complaints to B, are relevant.
(d) The question is whether A, the acceptor of a bill of exchange, knew that
the name of the payee was fictitious.
The fact that A had accepted other bills drawn in the same manner before they
could have been transmitted to him by the payee, if the payee had been a real
person, is relevant, as showing that A knew that the payee was a fictitious person.
(e)  A is accused of defaming B by publishing an imputation intended to harm
the reputation of B.
The fact of previous publications by A respecting B, showing ill will on the part
of A towards B, is relevant, as proving A's intention to harm B's reputation by
the particular publication in question.
The facts that there was no previous quarrel between A and B, and that A
repeated the matter complained of as he heard it, are relevant as showing that A
did not intend to harm the reputation of B.
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(f)  A is sued by B for fraudulently representing to B that C was solvent,
whereby B, being induced to trust C who was insolvent, suffered loss.
The fact that at the time when A represented C to be solvent C was supposed
to be solvent by his neighbours, and by persons dealing with him, is relevant, as
showing that A made the representation in good faith.
(g) A is sued by B for the price of work done by B upon a house of which A
is owner by the order of C, a contractor.
A's defence is that B's contract was with C.
The fact that A paid C for the work in question is relevant as proving that A did
in good faith make over to C the management of the work in question, so that C
was in a position to contract with B on C's own account and not as agent for A.
(h) A is accused of the dishonest misappropriation of property which he had
found, and the question is whether, when he appropriated it, he believed in good
faith that the real owner could not be found.
The fact that public notice of the loss of the property had been given in the
place where A was is relevant as showing that A did not in good faith believe that
the real owner of the property could not be found.
The fact that A knew or had reason to believe that the notice was given
fraudulently by C, who had heard of the loss of the property and wished to set up
a false claim to it, is relevant as showing that the fact that A knew of the notice
did not disprove A's good faith.
(i)
A is charged with shooting at B with intent to kill him.
In order to show A's intent, the fact of A's having previously shot at B maybe
proved
(j)
A is charged with sending threatening letters to B.
Threatening letters previously sent by A to B may be proved as showing the
intention of the letters.
(k)
The question is whether A has been guilty of cruelty towards B, his wife.
Expression of their feelings towards each other shortly before or after the
alleged cruelty are relevant facts.
(l)
The question is whether A's death was caused by poison.
Statements made by A during his illness as to his symptoms are relevant facts.
(m) The question is, what was the state of A's health at the time when an
assurance on his life was effected?
Statements made by A as to the state of his health at or near the time in question
are relevant facts.
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(n) A sues B for negligence in providing him with a carriage for hire not
reasonably fit for use whereby A was injured.
The fact that B's attention was drawn on other occasions to the defect of that
particular carriage is relevant.
The fact that B was habitually negligent about the carriages which he let to hire
is relevant.
(o) A is tried for the murder of B by intentionally shooting him dead.
The fact that A on other occasions shot at B is relevant as showing his intention
to shoot B.
The fact that A was in the habit of shooting at people with intent to murder
them is irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating an intention to commit that
particular crime is relevant.
The fact that he said something indicating a general disposition to commit
crimes of that class is irrelevant.
Facts bearing on question whether act was accidental or
intentional
15. When there is a question whether an act was accidental or
intentional or done with a particular knowledge or intention, the
fact that the act formed part of series of similar occurrences, in
each of which the person doing the act was concerned, is relevant.
ILLUSTRATIONS
(a) A is accused of burning down his house in order to obtain money for
which it is insured.
The facts that A lived in several houses successively, each of which he insured,
in each of which a fire occured, and after each of which fires A received payment
from a different insurance office, are relevant as tending to show that the fire was
not accidental.
(b) A is employed to receive money from the debtors of B. It is A's duty to
make entries in a book showing the amounts received by him. He makes an entry
showing that on a particular occasion he received less than he really did receive.
The question is whether this false entry was accidental or intentional.
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The facts that other enteries made by A in the same book are false, and that the
false entry is in each case in favour of A are relevant.
(c)
A is accused of fraudulently delivering to B a counterfeit ringgit.
The question is whether the delivery of the ringgit was accidental.
The facts that soon before or soon after the delivery to B, A delivered counterfeit
ringgit to C, D and E are relevant as showing that the delivery to B was not
accidental.
Existence of course of business when relevant
16. When there is a question whether a particular act was done,
the existence of any course of business, according to which it
naturally would have been done, is a relevant fact.
ILLUSTRATIONS
(a) The question is whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters put in a
certain place to be carried to the post, and that particular letter was put in that
place, are relevant.
(b) The question is whether a particular letter reached A.
The facts that it was posted in due course and was not returned through the
Dead Letter Office are relevant.
Admissions and Confessions
Admission and confession defined
17. (1) An admission is a statement, oral or documentary, which
suggests any inference as to any fact in issue or relevant fact, and
which is made by any of the persons and under the circumstances
hereinafter mentioned.
(2) A confession is an admission made at any time by a person
accused of an offence, stating or suggesting the inference that he
committed that offence.
(3) Subsection (2) shall have no application in Sarawak.
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Admission by party to proceeding, his agent or person
interested
18. (1) Statements made by a party to the proceeding or by an
agent to any such party whom the court regards under the
circumstances of the case as expressly or impliedly authorized by
him to make them are admissions.
(2) Statements made by parties to suits, suing or sued in a
r e p r e se n t a t i v e character, are not admissions unless they were
made while the party making them held that character.
(3) Statements made by--
(a) persons who have any proprietary or pecuniary interest
in the subject matter of the proceeding, and who make
the statement in their character of persons so interested;
or
(b) persons from whom the parties to the suit have derived
their interest in the subject matter of the suit,
are admissions if they are made during the continuance of the
interest of the persons making the statements.
Admissions by persons whose position must be proved as
against party to suit
19. Statements made by persons whose position or liability it is
necessary to prove as against any party to the suit are admissions
if the statements would be relevant as against those persons in
relation to the position or liability in a suit brought by or against
them, and if they are made whilst the person making them
occupies that position or is subject to that liability.
ILLUSTRATIONS
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owned B rent is an admission and is a relevant fact,
as against A if A denies that C did owe rent to B.
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Admissions by persons expressly referred to by party to suit
20. Statements made by persons to whom a party to the suit has
expressly referred for information in reference to a matter in
dispute are admissions.
ILLUSTRATIONS
The question is whether a horse sold by A to B is sound.
A says to B: "Go and ask C; C knows all about it." C's statement is an admission.
Proof of admissions against persons making them and by or on
their behalf
21. Admissions are relevant and may be proved as against the
person who makes them or his representative in interest; but they
cannot be proved by or on behalf of the person who makes them
or by his representative in interest except in the following cases:
(a)
an admission may be proved by or on behalf of the
person making it when it is of a nature that, if the
person making it were dead, it would be relevant as
between third persons under section 32;
(b)
an admission may be proved by or on behalf of the
person making it when it consists of a statement of the
existence of any state of mind or body relevant or in
issue, made at or about the time when that state of
mind or body existed and is accompanied by conduct
rendering its falsehood improbable;
(c)
an admission may be proved by or on behalf of the
person making it if it is relevant otherwise than as an
admission.
ILLUSTRATIONS
(a) The question between A and B is whether a certain document is or is not
forged. A affirms that it is genuine; B that it is forged.
A may prove a statement by B that the document is genuine, and B may prove
a statement by A that the document is forged; but A cannot prove a statement by
himself that the document is genuine, nor can B prove a statement by himself that
the document is forged.
(b) A, the captain of a ship, is tried for casting her away.
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Evidence is given to show that the ship was taken out of her proper course.
A produces a book kept by him in the ordinary course of his business, showing
observations alleged to have been taken by him from day to day, and indicating
that the ship was not taken out of her proper course. A may prove these
statements because they would be admissible between third parties if he were
dead under paragraph 32(1)(b).
(c)  A is accused of a crime committed by him at Kuala Lumpur. He produces
a letter written by himself and dated at Penang on that day, and bearing the
Penang postmark of that day.
The statement in the date of the letter is admissible, because if A were dead it
would be admissible under paragraph 32(1)(b).
(d) A is accused of receiving stolen goods, knowing them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements though they are admissions, because they are
explanatory of conduct influenced by facts in issue.
(e)  A is accused of fraudulently having in his possession counterfeit coin
which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he
doubted whether it was counterfeit or not, and that that person did examine it and
told him it was genuine.
A may prove these facts for the reasons stated in illustration (d).
When oral admissions as to contents of documents are relevant
22. Oral admissions as to the contents of a document are not
relevant unless and until the party proposing to prove them shows
that he is entitled to give secondary evidence of the contents of the
document under the rules hereinafter contained, or unless the
genuineness of a document produced is in question.
Admissions in civil cases when relevant
23. In civil cases no admission is relevant if it is made either
upon an express condition that evidence of it is not to be given, or
under circumstances from which the court can infer that the
parties agreed together that evidence of it should not be given.
Explanation--Nothing in this section shall be taken to exempt any advocate
from giving evidence of any matter of which he may be compelled to give
evidence under section 126.
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Confession caused by inducement, threat or promise when
irrelevant in criminal proceeding
24. A confession made by an accused person is irrelevant in a
criminal proceeding if the making of the confession appears to the
court to have been caused by any inducement, threat or promise
having reference to the charge against the accused person,
proceeding from a person in authority and sufficient in the opinion
of the court to give the accused person grounds which would
appear to him reasonable for supposing that by making it he would
gain any advantage or avoid any evil of a temporal nature in
reference to the proceeding against him.
Confession to police officer below the rank of Inspector not to
be proved
25. (1) Subject to any express provision contained in any
written law, no confession made to a police officer who is below
the rank of Inspector by a person accused of any offence shall be
proved as against that person.
(2) ( Deleted by Act A324).
Confession by accused while in custody of police not to be
proved against him
26. (1) Subject to any express provision contained in any
written law, no confession made by any person whilst he is in the
custody of a police officer, unless it is made in the immediate
presence of a Sessions Court Judge or Magistrate, shall be proved
as against that person.
(2) ( Deleted by Act A324).
How much of information received from accused may be
proved
27. (1) When any fact is deposed to as discovered in
consequence of information received from a person accused of
any offence in the custody of a police officer, so much of that
information, whether the information amounts to a confession or
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not, as relates distinctly to the fact thereby discovered may be
proved.
(2) (Deleted by Act A324).
Confession made after removal of impression caused by
inducement, threat or promise relevant
28. (1) If such a confession as is referred to in section 24 is
made after the impression caused by any such inducement, threat
or promise has, in the opinion of the court, been fully removed, it
is relevant.
(2) (Deleted by Act A324).
Confession otherwise relevant not to become irrelevant
because of promise of secrecy, etc.
29. (1) If such a confession as is referred to in section 24 is
otherwise relevant, it does not become irrelevant merely because
it was made under a promise of secrecy, or in consequence of a
deception practised on the accused person for the purpose of
obtaining it, or when he was drunk, or because it was made in
answer to questions which he need not have answered, whatever
may have been the form of those questions, or because he was not
warned that he was not bound to make a confession and that
evidence of it might be given against him.
(2) (Deleted by Act A324).
Consideration of proved confession affecting person making it
and others jointly under trial for same offence
30. (1) When more persons than one are being tried jointly for
the same offence, and a confession made by one of those persons
affecting himself and some other of those persons is proved, the
court may take into consideration the confession as against the
other person as well as against the person who makes the
confession.
(2) ( Deleted by Act A324).
Explanation-- "offence" as used in this section includes the abetment of or
attempt to commit the offence.
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ILLUSTRATIONS
(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and
I murdered C." The court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was
murdered by A and B and that B said: "A and I murdered C."
This statement may not be taken into consideration by the court against A as B is
not being jointly tried.
Admissions not conclusive proof but may estop
31. Admissions are not conclusive proof of the matters admitted,
but they may operate as estoppels under the provisions hereinafter
contained.
31A. (Deleted by Act A978).
Statements by persons who cannot be called as witnesses
Cases in which statement of relevant fact by person who is
dead or cannot be found, etc., is relevant
32. (1) Statements, written or verbal, of relevant facts made by
a person who is dead or who cannot be found, or who has become
incapable of giving evidence, or whose attendance cannot be
procured without an amount of delay or expense which under the
circumstances of the case appears to the court unreasonable, are
themselves relevant facts in the following cases:
(a)
when the statement is made by a person as to the cause
of his death, or as to any of the circumstances of the
transaction which resulted in his death, in cases in
which the cause of that person's death comes into
question.
Such a statement is relevant whether the person who
made it was or was not at the time when it was made
under expectation of death, and whatever may be the
nature of the proceeding in which the cause of his
death comes into question;
(b)
when the statement was made by any such person in
the  ordinary course of business, and in particular
when it consists of any entry or memorandum made by
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him in books kept in the ordinary course of business
or in the discharge of professional duty; or of an
acknowledgment written or signed by him of the
receipt of money, goods, securities or property of any
kind; or of a document used in commerce, written or
signed by him, or of the date of a letter or other
document usually dated, written or signed by him;
(c)
when the statement is against the pecuniary or
proprietary interest of the person making it, or when,
if true, it would expose him or would have exposed
him to a criminal prosecution or to a suit for damages;
(d)
when the statement gives the opinion of any such
person as to the existence of any public right or
custom or matter of public or general interest, of the
existence of which if it existed he would have been
likely to be aware, and when the statement was made
before any controversy as to the right, custom or
matter had arisen;
(e)
when the statement relates to the existence of any
relationship by blood, marriage or adoption between
persons as to whose relationship by blood, marriage or
adoption the person making the statement had special
means of knowledge, and when the statement was
made before the question in dispute was raised;
(f)
when the statement relates to the existence of any
relationship by blood, marriage or adoption between
persons deceased, and is made in any will or deed
relating to the affairs of the family to which any such
deceased person belonged, or in any family pedigree
or upon any tombstone, family portrait or other thing
on which such statements are usually made, and when
the statement was made before the question in dispute
was raised;
(g)
when the statement is contained in any document
which relates to any transaction as is mentioned in
paragraph 13(a);
(h)
when the statement was made by a number of persons
and expressed feelings or impressions on their part
relevant to the matter in question;
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(i)
when the statement was made in the course of, or for
the purposes of, an investigation or inquiry into an
offence under or by virtue of any written law; and
(j)
where the statement was made by a public officer in
the discharge of his duties.
ILLUSTRATIONS
(a) The question is whether A was murdered by B; or
A dies of injuries in a transaction in the course of which she was ravished. The
question is whether she was ravished by B; or
The question is whether A was killed by B under circumstances that a suit
would lie against B by A's widow.
Statements made by A as to the cause of his or her death, referring respectively
to the murder,the rape and the actionable wrong under consideration, are
relevant facts.
(b) The question is as to the date of A's birth.
An entry in the diary of a deceased surgeon regularly kept in the course of
business, stating that on agiven day he attended A's mother and delivered her of
a son, is relevant fact.
(c)
The question is whether A was in Kuala Lumpur on a given day.
A statement in the diary of a deceased advocate regularly kept in the course of
business that on a given day the advocate attended A at a place mentioned in
Kuala Lumpur for the purpose of conferring with him upon specified business is
a relevant fact.
(d) The question is whether a ship sailed from Penang harbour on a given
day.
A letter written by a deceased member of a merchant's firm by which she was
chartered to their correspondents in London, to whom the cargo was consigned,
stating that the ship sailed on a given day from Penang harbour is a relevant fact.
(e)
The question is whether rent was paid to A for certain land.
A letter from A's deceased agent to B, saying that he had received the rent on
A's account and held it at A's orders, is a relevant fact.
(f)
The question is whether A and B were legally married.
The statement of a deceased clergyman that he married them under
circumstances that the celebration would be a crime is relevant.
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(g) The question is whether A, a person who cannot be found, wrote a letter
on a certain day.
The fact that a letter written by him is dated on that day is relevant.
(h) The question is what was the cause of the wreck of a ship?
A protest made by the captain, whose attendance cannot be procured, is a
relevant fact.
(i)
The question is whether a given road is a public way.
A statement by A, a deceased Penghulu of the Mukim, that the road was public
is a relevant fact.
(j)  The question is what was the price of shares on a certain day in a
particular market.
A statement of the price made by a deceased broker in the ordinary course of
his business is a relevant fact.
(k)
The question is whether A, who is dead, was the father of B.
A statement by A that B was his son is a relevant fact.
(l)
The question is what was the date of the birth of A?
A letter from A's deceased father to a friend, announcing the birth of A on a
given day, is a relevant fact.
(m) The question is whether and when A and B were married.
An entry in a memorandum book by C, the deceased father of B, of his
daughter's marriage with A on a given date, is a relevant fact.
(n) A sues B for a libel expressed in a printed caricature exposed in a shop
window.
The question is as to the similarity of the caricature and its libellous character.
The remarks of a crowd of spectators on these points may be proved.
(2) The provisions of paragraphs (1)(i) and (j) shall apply only
in relation to a criminal proceeding.
Relevancy of certain evidence for proving in subsequent
proceeding the truth of facts therein stated
33. Evidence given by a witness in a judicial proceeding, or
before any person authorized by law to take it, is relevant for the
purpose of proving in a subsequent judicial proceeding, or in a
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37
later stage of the same judicial proceeding, the truth of the facts
which it states, when the witness is dead or cannot be found or is
incapable of giving evidence, or is kept out of the way by the
adverse party, or if his presence cannot be obtained without an
amount of delay or expense which under the circumstances of the
case the court considers unreasonable:
Provided that--
(a)
the proceeding was between the same parties or their
representatives in interest;
(b)
the adverse party in the first proceeding had the right
and opportunity to cross-examine;
(c)
the questions in issue were substantially the same in
the first as in the second proceeding.
Explanation--A criminal trial or inquiry shall be demed to be a proceeding
between the prosecutor and the accused within the meaning of this section.
Statements Made Under Special Circumstances
Entries in books of account when relevant
34. Entries in books of accounts regularly kept in the course of
business are relevant whenever they refer to a matter into which
the court has to inquire, but the entries shall not alone be sufficient
evidence to charge any person with liability.
ILLUSTRATION
A sues B for RM1,000 and shows entries in his account books showing B to be
indebted to him to this amount. The entries are relevant, but are not sufficient
without other evidence to prove the debt.
Relevancy of entry in public record made in performance of
duty
35. An entry in any public or other official book, register or
record, stating a fact in issue or relevant fact and made by a public
servant in the discharge of his official duty or by any other person
in performance of a duty specially enjoined by the law of the
country in which the book, register or record is kept, is itself a
relevant fact.
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Relevancy of statements in maps, charts and plans
36. Statements of facts in issue or relevant facts made in
published maps or charts generally offered for public sale, or in
maps or plans made under the authority of the Government of
Malaysia or of any State as to matters usually represented or stated
in such maps, charts or plans, are themselves relevant facts.
Relevancy of statement as to fact of public nature contained in
certain legislation or notifications
37. When the court has to form an opinion as to the existence of
any fact of a public nature any statement of it made in a recital
contained in--
(a)
any legislation enacted by Parliament or by the
legislature of any part of the Commonwealth;
(b)
any legislation enacted by the legislature of any State;
or
(c)
any printed paper purporting to be--
(i)
the Gazette printed under the authority of the
Government of Malaysia or of any State;
(ii)
the London Gazette; or
(iii)
the  Gazette  of  any  other  part  of  the
C o m m o n w e a l t h including, where any part
thereof is both under a central Government and
a local Government, any such local Government,
is a relevant fact.
Relevancy of statements as to any law contained in law books
38. When the court has to form an opinion as to a law of any
country, any statement of that law contained in a book purporting
to be printed or published under the authority of the Government
of that country, and to contain any such law, and any report of a
ruling of the courts of that country contained in a book purporting
to be a report of such rulings, is relevant.
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How Much of a Statement to be Proved
What evidence to be given when statement forms part of a
conversation, document, book or series of letters or papers
39. When any statement of which evidence is given forms part of
a longer statement or of a conversation, or part of an isolated
document or is contained in a document which forms part of a
book or of a connected series of letters or papers, evidence shall
be given of so much and no more of the statement, conversation,
document, book or series of letters or papers as the court considers
necessary in that particular case to the full understanding of the
nature and effect of the statement and of the circumstances under
which it was made.
Judgments of Courts when Relevant
Previous judgments relevant to bar a second suit or trial
40. The existence of any judgment, order or decree which by law
prevents any court from taking cognizance of a suit or holding a
trial is a relevant fact when the question is whether the court ought
to take cognizance of the suit or to hold the trial.
Relevancy of certain judgments in probate, etc., jurisdiction
41. (1) A final judgment, order or decree of a court, in the
exercise of probate, matrimonial, admiralty or bankruptcy
jurisdiction, which confers upon or takes away from any person
any legal character, or which declares any person to be entitled to
any such character, or to be entitled to any specific thing, not as
against any specified person but absolutely, is relevant when the
existence of any such legal character or the title of any such
person to any such thing is relevant.
(2) Such judgment, order or decree is conclusive proof--
(a)
that any legal character which it confers accrued at the
time when the judgment, order or decree came into
operation;
(b)
that any legal character to which it declares any such
person to be entitled accrued to that person at the time
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when the judgment, order or decree declares it to have
accrued to that person;
(c)
that any legal character which it takes away from any
such person ceased at the time from which the
judgment, order or decree declared that it had ceased
or should cease; and
(d)
that anything to which it declares any person to be so
entitled was the property of that person at the time
from which the judgment, order or decree declares that
it had been or should be his property.
Relevancy and effect of judgments, orders or decrees other
than those mentioned in section 41
42. Judgments, orders or decrees other than those mentioned in
section 41 are relevant if they relate to matters of a public nature
relevant to the inquiry; but such judgments, orders or decrees are
not conclusive proof of that which they state.
ILLUSTRATIONS
A sues B for trespass on his land. B alleges the existence of a public right of
way over the land which A denies.
The existence of a decree in favour of the defendant in a suit by A against C for
a trespass on the same land in which C alleged the existence of the same right of
way is relevant, but it is not conclusive proof that the right of way exists.
Judgments, etc., other than those mentioned in sections 40 to
42 when relevant
43. Judgments, orders or decrees other than those mentioned in
sections 40, 41 and 42 are irrelevant unless the existence of such
judgment, order or decree is a fact in issue or is relevant under
some other provision of this Act.
ILLUSTRATIONS
(a) A and B separately sue C for a libel which reflects upon each of them. C
in each case says that the matter alleged to be libellous is true, and the
circumstances are such that it is probably true in each case or in neither.
A obtains a decree against C for damages on the ground that C failed to make out
his justification. The fact is relevant as between B and C.
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(b) A prosecutes B under section 498 of the Penal Code for enticing away C,
A's wife.
B denies that C is A's wife, but the court convicts B.
Afterwards C is prosecuted for bigamy in marrying B during A's lifetime. C
says that she never was A's wife.
The judgment against B is irrelevant as against C.
(c)  A has obtained a decree for the possession of land against B. C, B's son,
murders A in consequence.
The existence of the judgment is relevant as showing motive for a crime.
(d) A is charged with theft and with having been previously convicted of
theft.
The previous conviction is relevant as a fact in issue.
(e)  A is tried for the murder of B. The fact that B prosecuted A for libel and
that A was convicted and sentenced is relevant under section 8 as showing the
motive for the fact in issue.
Fraud or collusion in obtaining judgment or incompetency of
court may be proved
44. Any party to a suit or other proceeding may show that any
judgment, order or decree which is relevant under section 40, 41
or 42, and which has been proved by the adverse party, was
delivered by a court not competent to deliver it or was obtained by
fraud or collusion.
Opinions of Third Persons When Relevant
Opinions of experts
45. (1) When the court has to form an opinion upon a point of
foreign law or of science or art, or as to identity or genuineness of
handwriting or finger impressions, the opinions upon that point of
persons specially skilled in that foreign law, science or art, or in
questions as to identity or genuineness of handwriting or finger
impressions, are relevant facts.
(2) Such persons are called experts.
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ILLUSTRATIONS
(a) The question is whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which
A is supposed to have died are relevant.
(b) The question is whether A, at the time of doing a certain act, was, by
reason of unsoundness of mind, incapable of knowing the nature of the act or that
he was doing what was either wrong or contrary to law.
The opinions of experts upon the question whether symptoms exhibited by A
commonly show unsoundness of mind, and whether such unsoundness of mind
usually renders persons incapable of knowing the nature of the acts which they
do or of knowing that what they do is either wrong or contrary to law, are
relevant.
(c)  The question is whether a certain document was written by A. Another
document is produced which is proved or admitted to have been written by A.
The opinions of experts on the question whether the two documents were
written by the same person or by different persons are relevant.
Facts bearing upon opinions of experts
46. Facts not otherwise relevant are relevant if they support or are
inconsistent with the opinions of experts when such opinions are
relevant.
ILLUSTRATIONS
(a) The question is whether A was poisoned by a certain poison.
The fact that other persons who were poisoned by that poison exhibited certain
symptoms, which experts affirm or deny to be the symptoms of that poison, is
relevant.
(b) The question is whether an obstruction to a harbour is caused by a certain
sea wall.
The fact that other harbours similarly situated in other respects but where there
were no such sea walls began to be obstructed at about the same time is relevant.
Opinion as to handwriting when relevant
47. When the court has to form an opinion as to the person by
whom any document was written or signed, the opinion of any
person acquainted with the handwriting of the person by whom it
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43
is supposed to have been written or signed, that it was or was not
written or signed by that person, is a relevant fact.
Explanation--A person is said to be acquainted with the handwriting of another
person when he has seen that person write, or when he has received documents
purporting to be written by that person in answer to documents written by himself
or under his authority and addressed to that person, or when, in the ordinary course
of business, documents purporting to be written by that person have been
habitually submitted to him.
ILLUSTRATIONS
The question is whether a given letter is in the handwriting of A, a merchant in
London.
B is a merchant in Kuala Lumpur, who has written letters addressed to A and
received letters purporting to be written by him. C is B's clerk, whose duty it was
to examine and file B's correspondence. D is B's broker, to whom B habitually
submitted the letters purporting to be written by A for the purpose of advising
him thereon.
The opinions of B, C and D on the question whether the letter is in the
handwriting of A are relevant, though neither B, C nor D ever saw A write.
Opinion as to existence of right or custom when relevant
48. When the court has to form an opinion as to the existence of
any general custom or right, the opinions as to the existence of
such custom or right of persons who would be likely to know of
its existence, if it existed, are relevant.
Explanation--The expression "general custom or right" includes customs or
rights common to any considerable class of persons.
ILLUSTRATION
The right of the inhabitants of a particular village to use the water of a
particular well is a general right within the meaning of this section.
Opinion as to usages, tenets, etc., when relevant
49. When the court has to form an opinion as to--
(a)
the usages and tenets of any body of men or family;
(b)
the constitution and government of any religious or
charitable foundation; or
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(c)
the meaning of words or terms used in particular
districts or by particular classes of people,
the opinions of persons having special means of knowledge
thereon are relevant facts.
Opinion on relationship when relevant
50. (1) When the court has to form an opinion as to the
relationship of one person to another, the opinion expressed by
conduct as to the existence of such relationship of any person who
as a member of the family or otherwise has special means of
knowledge on the subject is a relevant fact.
(2) Such opinion shall not be sufficient to prove a marriage in
prosecutions under section 494, 495 or 498 of the Penal Code [Act
574].
ILLUSTRATIONS
(a) The question is whether A and B were married.
The fact that they were usually received and treated by their friends as husband
and wife is relevant.
(b) The question is whether A was a legitimate son of B.
The fact that A was always treated as such by members of the family is
relevant.
Grounds of opinion when relevant
51. Whenever the opinion of any living person is relevant, the
grounds on which his opinion is based are also relevant.
ILLUSTRATION
An expert may give an account of experiments performed by him for the purpose
of forming his opinion.
Character When Relevant
In civil cases character to prove conduct imputed irrelevant
52. In civil cases the fact that the character of any person
concerned is such as to render probable or improbable any conduct
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imputed to him is irrelevant, except so far as his character appears
from facts otherwise relevant.
In criminal cases previous good character relevant
53. In criminal proceedings the fact that the person accused is of
a good character is relevant.
Previous bad character not relevant except in reply
54. (1) In criminal proceedings the fact that the accused person
has a bad character is irrelevant, unless evidence has been given
that he has a good character, in which case it becomes relevant.
(2) A person charged and called as a witness shall not be
asked, and if asked shall not be required to answer, any question
tending to show that he has committed, or been convicted of or
been charged with, any offence other than that wherewith he is
then charged, or is of bad character, unless--
(a)
the proof that he has committed or been convicted of
that other offence is admissible evidence to show that
he is guilty of the offence wherewith he is then
charged;
(b)
he has personally or by his advocate asked questions
of the witnesses for the prosecution with a view to
establish his own good character, or has given
evidence of his good character, or the nature or
conduct of the defence is such as to involve
imputations on the character of the prosecutor or the
witnesses for the prosecution; or
(c)
he has given evidence against any other person
charged with the same offence.
Explanation 1--This section does not apply to cases in which the bad character
of any person is itself a fact in issue.
Explanation 2--A previous conviction is relevant as evidence of bad character.
Character as affecting damages
55. In civil cases the fact that the character of any person is such
as to affect the amount of damages which he ought to receive is
relevant.
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Explanation--In sections 52, 53, 54 and 55 the word "character" includes both
reputation and disposition; but, except as provided in section 54, evidence may
be given only of general reputation and general disposition, and not of particular
acts by which reputation or disposition is shown.
PART II
PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
Fact judicially noticeable need not be proved
56. No fact of which the court will take judicial notice need be
proved.
Facts of which court must take judicial notice
57. (1) The court shall take judicial notice of the following
facts:
(a)
all laws or regulations having the force of law now or
heretofore in force or hereafter to be in force in
Malaysia or any part thereof;
(b)
all public Acts passed or hereafter to be passed by the
Parliament of the United Kingdom, and all local and
personal Acts directed by it to be judicially noticed;
(c)
articles of war for the armed forces or any visiting
force lawfully present in Malaysia;
(d)
the course of proceedings in Parliament, in the federal
legislatures that existed in Malaysia before Parliament
was constituted, in the legislature of any State in
Malaysia and in the Parliament of the United
Kingdom;
(e)
the accession of the Yang di-Pertuan Agong and the
accession of the Ruler of any State in Malaysia and the
appointment of a Yang di-Pertua Negeri;
(f)
the accession and the sign manual of the Sovereign for
the time being of the United Kingdom;
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(g)
the seals of all the courts of Malaysia all seals which
any person is authorized to use by any law in force for
the time being in Malaysia or any part thereof, all seals
of which English courts take judicial notice, and the
seals of Courts of Admiralty and maritime jurisdiction
and of notaries public;
(h)
the accession to office, names, titles, functions and
signatures of the persons filling for the time being any
public office in any part of Malaysia, if the fact of
their appointment to such office is notified in the
Gazette or in any State Gazette;
(i)
the existence, title and national flag of every State or
Sovereign recognized by the Yang di-Pertuan Agong;
(j)
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 or in any State Gazette;
(k)
the Commonwealth countries;
(l)
the commencement, continuance and termination of
hostilities between Malaysia or any other part of the
Commonwealth and any other country or body of
persons;
(m)
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 other persons
authorized by law to appear or act before it;
(n)
the rule of the road on the land, sea regulations and the
rules of the air;
(o)
all other matters which it is directed by any written
law to notice.
Explanation--The words "Parliament of the United Kingdom" in paragraphs
(b) and (d) mean--
(i)
the Parliament of the United Kingdom of Great Britain and
Northern Ireland;
(ii)
the Parliament of the United Kingdom of Great Britain and
Ireland;
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(iii)
the Parliament of Northern Ireland;
(iv)
the Parliament of Great Britain;
(v)
the Parliament of England;
(vi)
the Parliament of Scotland;
(vii)
the Parliament of Ireland prior to 1 January 1801.
(2) In all these cases, and also on all matters of public history,
l i t e r a t u r e , science or art, the court may resort for its aid to
appropriate books or documents of reference.
(3) 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 the
p e r s o n produces any such book or document as it considers
necessary to enable it to do so.
Facts admitted need not be proved
58. (1) No fact need be proved in any proceeding which the
parties thereto or their agents agree to admit at the hearing or
which before the hearing they agree to admit by any writing under
their hands, or which by any rule of pleading in force at the time
they are deemed to have admitted by their pleadings:
Provided that the court may, in its discretion, require the
facts admitted to be proved otherwise than by such admissions.
(2) This section has no application to criminal proceedings.
CHAPTER IV
ORAL EVIDENCE
Proof of facts by oral evidence
59. All facts, except the contents of documents, may be proved
by oral evidence.
Oral evidence must be direct
60. (1) Oral evidence shall in all cases whatever be direct, that
is to say--
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(a)
if it refers to a fact which could be seen, it must be the
evidence of a witness who says he saw it;
(b)
if it refers to a fact which could be heard, it must be
the evidence of a witness who says he heard it;
(c)
if it refers to a fact which could be perceived by any
other sense or in any other manner, it must be the
evidence of a witness who says he perceived it by that
sense or in that manner;
(d)
if it refers to an opinion or to the grounds on which
that opinion is held, it must be the evidence of the
person who holds that opinion on those grounds.
(2) The opinions of experts expressed in any treatise
c o m m o n l y offered for sale and the grounds on which such
opinions are held may be proved by the production of the treatise
if the author is dead or cannot be found or has become incapable
of giving evidence or cannot be called as a witness without an
a m o u n t of delay or expense which the court regards as
unreasonable.
(3) If oral evidence refers to the existence or condition of any
material thing including a document, the court may, if it thinks
fit, require the production of that material thing or the document
for its inspection.
CHAPTER V
DOCUMENTARY EVIDENCE
Proof of contents of documents
61. The contents of documents may be proved either by primary
or by secondary evidence.
Primary evidence
62. Primary evidence means the document itself produced for the
inspection of the court.
Explanation 1--Where a document is executed in several parts, each part is
primary evidence of the document.
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Where a document is executed in counterpart, each counterpart being executed
by one or some of the parties only, each counterpart is primary evidence as
against the parties executing it
Explanation 2--Where a number of documents are all made by one uniform
process, as in the case of printing, lithography or photography, each is primary
evidence of the contents of the rest; but where they are all copies of a common
original they are not primary evidence of the contents of the original.
Explanation 3--A document produced by a computer is primary evidence.
ILLUSTRATION
A person is shown to have been in possession of a number of placards, all
printed at one time from one original. Any one of the placards is primary
evidence of the contents of any other, but no one of them is primary evidence of
the contents of the original.
Secondary evidence
63. Secondary evidence includes--
(a)
certified copies given under the provisions hereinafter
contained;
(b)
copies made from the original by mechanical
processes, which in themselves ensure the accuracy of
the copy, and copies compared with such copies;
(c)
copies made from or compared with the original;
(d)
counterparts of documents as against the parties who
did not execute them;
(e)
oral accounts of the contents of a document given by
some person who has himself seen or heard it or
perceived it by whatever means.
ILLUSTRATIONS
(a) A photograph of an original is secondary evidence of its contents, though
the two have not been compared, if it is proved that the thing photographed was
the original.
(b) A copy compared with a copy of a letter made by a copying machine is
secondary evidence of the contents of the letter if it is shown that the copy made
by the copying machine was made from the original.
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(c)  A copy transcribed from a copy but afterwards compared with the
original is secondary evidence, but the copy not so compared is not secondary
evidence of the original, although the copy from which it was transcribed was
compared with the original.
(d) Neither an oral account of a copy compared with the original nor an oral
account of a photograph or machine copy of the original is secondary evidence
of the original.
Proof of documents by primary evidence
64. Documents must be proved by primary evidence except in the
cases hereinafter mentioned.
Cases in which secondary evidence relating to documents may
be given
65. (1) Secondary evidence may be given of the existence,
condition or contents of a document admissible in evidence in the
following cases:
(a)
when the original is shown or appears to be in the
possession or power--
(i)
of the person against whom the document is
sought to be proved;
(ii)
of any person out of reach of or not subject to
the process of the court; or
(iii)
of any person legally bound to produce it,
and when after the notice mentioned in section 66 such
person does not produce it;
(b)
when the existence, condition or contents of the
original have been proved to be admitted in writing by
the person against whom it is proved or by his
representative in interest;
(c)
when the original has been destroyed or lost, or when
the party offering evidence of its contents cannot for
any other reason not arising from his own default or
neglect produce it in reasonable time;
(d)
when the original is of such a nature as not to be easily
movable;
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(e)
when the original is a public document within the
meaning of section 74;
(f)
when the original is a document of which a certified
copy is permitted by this Act or by any other law in
force for the time being in Malaysia to be given in
evidence;
(g)
when the originals consist of numerous accounts or
other documents which cannot conveniently be
examined in court, and the fact to be proved is the
general result of the whole collection.
(2) (a) In the cases referred to in paragraphs (1)(a), (c) and
(d) any secondary evidence of the contents of the document is
admissible.
(b)  In the case referred to in paragraph (1)(b) the written
admission is admissible.
(c) In the case referred to in paragraph (1)(e) or (f) a
certified copy of the document but no other kind of secondary
evidence is admissible.
(d) In the case referred to in paragraph (1)(g) evidence may
be given as to the general result of the documents by any person
who has examined them and who is skilled in the examination of
such documents.
Rules as to notice to produce
66. Secondary evidence of the contents of the documents referred
to in paragraph 65(1)(a) shall not be given unless the party
proposing to give such secondary evidence has previously given
to the party in whose possession or power the document is, or to
his advocate, such notice to produce it as is prescribed by law; and
if no notice is prescribed by law, then such notice as the court
considers reasonable under the circumstances of the case:
P r o v i d e d that such notice shall not be required in order to
render secondary evidence admissible in any of the following
cases or in any other case in which the court thinks fit to dispense
with it:
(a)
when the document to be proved is itself a notice;
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(b)
when from the nature of the case the adverse party
must know that he will be required to produce it;
(c)
when it appears or is proved that the adverse party has
obtained possession of the original by fraud or force;
(d)
when the adverse party or his agent has the original in
court;
(e)
when the adverse party or his agent has admitted the
loss of the document; or
(f)
when the person in possession of the document is out
of reach of or not subject to the process of the court.
Proof of signature and handwriting of person alleged to have
signed or written document produced
67. If a document is alleged to be signed or to have been written
wholly or in part by any person, the signature or the handwriting
of so much of the document as is alleged to be in that person's
handwriting shall be proved to be in his handwriting.
Proof of execution of document required by law to be attested
68. If a document is required by law to be attested, it shall not be
used as evidence until one attesting witness at least has been
called for the purpose of proving its execution, if there is an
attesting witness alive and subject to the process of the court and
capable of giving evidence.
Proof where no attesting witness found
69. If no such attesting witness can be found, or if the document
purports to have been executed in the United Kingdom, it must be
proved that the attestation of one attesting witness at least is in his
handwriting, and that the signature of the person executing the
document is in the handwriting of that person.
Admission of execution by party to attested document
70. The admission of a party to an attested document of its
execution by himself shall be sufficient proof of its execution as
against him, though it is a document required by law to be attested.
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Proof when attesting witness denies the execution
71. If the attesting witness denies or does not recollect the
execution of the document, its execution may be proved by other
evidence.
Proof of document not required by law to be attested
72. An attested document not required by law to be attested may
be proved as if it was unattested.
Comparison of signature, writing or seal with others admitted
or proved
73. (1) In order to ascertain whether a signature, writing or seal
is that of the person by whom it purports to have been written or
made, any signature, writing or seal, admitted or proved to the
satisfaction of the court to have been written or made by that
person, may be compared by a witness or by the court with the one
which is to be proved, although that signature, writing or seal has
not been produced or proved for any other purpose.
(2) The court may direct any person present in court to write
any words or figures for the purpose of enabling the court to
compare the words or figures so written with any words or figures
alleged to have been written by that person.
(3) This  section  applies  also,
with
any
necessary
modifications, to finger impressions.
Admissibility of documentary evidence in civil cases, etc.
73A. (1) Notwithstanding anything contained in this Chapter, in
any civil proceedings where direct oral evidence of a fact would
be admissible, any statement made by a person in a document and
tending to establish that fact shall, on production of the original
document, be admissible as evidence of that fact if the following
conditions are satisfied:
(a)
if the maker of the statement either--
(i)
had personal knowledge of the matters dealt
with by the statement; or
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55
(ii)
where the document in question is or forms
part of a record purporting to be a continuous
r e c o r d , made the statement (so far as the
matters dealt with thereby are not within his
personal knowledge) in the performance of a
duty to record information supplied to him by
a person who had, or might reasonably be
supposed to have had, personal knowledge of
those matters; and
(b)
if the maker of the statement is called as a witness in
the proceedings:
Provided that the condition that the maker of the statement
shall be called as a witness need not be satisfied if he is dead, or
unfit by reason of his bodily or mental condition to attend as a
w i t n e s s , or if he is beyond the seas and it is not reasonably
practicable to secure his attendance, or if all reasonable efforts to
find him have been made without success.
(2) In any civil proceedings, the court may at any stage of the
proceedings, if having regard to all the circumstances of the case
it is satisfied that undue delay or expense would otherwise be
caused, order that such a statement as is mentioned in subsection
(1) shall be admissible as evidence or may, without any such
order having been made, admit such a statement in evidence--
(a)
notwithstanding that the maker of the statement is
available but is not called as a witness; and
(b)
notwithstanding that the original document is not
produced, if, in lieu thereof, there is produced a copy
of the original document or of the material part thereof
certified to be a true copy in such manner as may be
specified in the order or as the court may approve, as
the case may be.
(3) Nothing in this section shall render admissible as evidence
a n y statement made by a person interested at a time when
proceedings were pending or anticipated, involving a dispute as
to any fact which the statement might tend to establish.
(4) For the purposes of this section, a statement in a document
shall not be deemed to have been made by a person unless the
d o c u m e n t , or the material part thereof, was written, made or
produced by him with his own hand, or was signed or initialled by
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56
Laws of Malaysia
ACT 56
him, or otherwise recognized by him in writing as one for the
accuracy of which he is responsible.
(5) For the purpose of deciding whether or not a statement is
admissible as evidence by virtue of subsections (1) to (4), the
c o u r t may draw any reasonable inference from the form or
contents of the document in which the statement is contained, or
from any other circumstances, and may, in deciding whether or
n o t a person is fit to attend as a witness, act on a certificate
p u r p o r t i n g to be the certific a t e of a registered medical
practitioner, and, where the proceedings are with assessors, the
court may in its discretion reject the statement notwithstanding
that the requirements of this section are satisfied with respect
thereto, if for any reason, it appears to it to be inexpedient in the
interests of justice that the statement should be admitted.
(6) In estimating the weight, if any, to be attached to a
statement rendered admissible as evidence by this Act, regard
shall be had to all the circumstances from which any inference
can reasonably be drawn as to the accuracy or otherwise of the
statement, and, in particular, to the question whether or not the
statement was made contemporaneously with the occurrence or
existence of the facts stated, and to the question whether or not
t h e maker of the statement had any incentive to conceal or
misrepresent facts.
(7) For the purpose of any rule of law or practice requiring
evidence to be corroborated, or regulating the manner in which
uncorroborated evidence is to be treated, a statement rendered
a d m i s s i b l e as evidence by this Act shall not be treated as
corroboration of evidence given by the maker of the statement.
Public Documents
Public documents
74. The following documents are public documents:
(a)
documents forming the acts or records of the acts of--
(i)
the sovereign authority;
(ii)
official bodies and tribunals; and
(iii)
public  officers,  legislative,  judicial  and
executive, whether Federal or State or of any
056(special )e.fm Page 57 Friday, March 31, 2006 5:45 PM
Evidence
57
o t h e r part of the Commonwealth or of a
foreign country; and
(b)
public records kept in Malaysia of private documents.
Private documents
75. All documents other than those mentioned in section 74 are
private.
Certified copies of public documents
76. Every public officer having the custody of a public document
which any person has a right to inspect shall give that person on
demand a copy of it on payment of the legal fees therefor, together
with a certificate, written at the foot of the copy, that it is a true
copy of the document or part thereof, as the case may be, and the
certificate shall be dated and subscribed by the officer with his
name and his official title, and shall be sealed whenever the
officer is authorized by law to make use of a seal, and the copies
so certified shall be called certified copies.
Explanation--Any officer who by the ordinary course of official duty is
authorized to deliver the copies shall be deemed to have the custody of the
documents within the meaning of this section.
Proof of documents by production of certified copies
77. Copies certified in the manner set out in section 76 may be
produced in proof of the contents of the public documents or parts
of the public documents of which they purport to be copies.
Proof of certain official documents
78. (1) The following public documents may be proved as
follows:
(a)
acts, orders or notifications of the Government of
Malaysia or of any State in any of its departments--
(i)
by the records of the departments certified by
the heads of those departments respectively;
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Laws of Malaysia
ACT 56
(ii)
by a Minister in the case of the Government of
Malaysia, and by the Chief Minister, a State
M i n i s t e r (if any), the State Secretary or the
Permanent Secretary to the Chief Minister in
the case of a State Government; or
(iii)
by any document purporting to be printed by
the authority of the Government concerned;
(b)
the proceedings of Parliament or of any of the federal
legislatures that existed in Malaysia before Parliament
was constituted or of the legislature of any State--
by the minutes of the body or by the published Acts
of  Parliament,  Ordinances,  Enactments  or
abstracts or by copies purporting to be printed by
the authority of the Government concerned;
(c)
proclamations, orders or regulations issued by the
Crown in the United Kingdom or by the Privy Council
or by any Minister or department of the Crown--
by copies or extracts contained in the London
Gazette or in the Gazette or in any State Gazette
or purporting to be printed by Her Britannic
Majesty's Printer;
(d)
the acts of the Executive or the proceedings of the
legislature of a foreign country--
by journals published by their authority or commonly
received in that country as such, by a copy
certified under the seal of the country or
sovereign or by a recognition thereof in some
Act, Ordinance or Enactment of Malaysia or of
any State;
(e)
the proceedings of a municipal body, town board or
other local authority in Malaysia--
by a copy of the proceedings certified by the lawful
keeper thereof, or by a printed book purporting to
be published by the authority of that body;
(f)
public documents of any other class in a foreign
country--
by the original or by a copy certified by the lawful
keeper thereof, with a certificate under the seal of
a notary public or of a consular officer of
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Evidence
59
Malaysia that the copy is duly certified by the
officer having the lawful custody of the original
and upon proof of the character of the document
according to the law of the foreign country.
(2) Copies of Acts, Ordinances and Statutes passed by the
l e g i s l a t u r e of any part of the Commonwealth and of orders,
r e g u l a t i o n s and other instruments issued or made under the
authority of any such Act, Ordinance or Statute, if purporting to
b e printed by the Government Printer, shall be received in
evidence by all courts in Malaysia without any proof being given
that the copies were so printed.
(3) In this section "Government Printer" means, as respects
any part of the Commonwealth, the printer purporting to be the
printer authorized to print the Acts, Ordinances or Statutes of the
legislature of that territory, or otherwise to be the Government
Printer of that territory.
Proof of public documents produced by computers
78A. Notwithstanding anything contained in sections 77 and 78,
the provisions of sections 90A, 90B and 90C shall apply to a public
document.
Presumptions as to Documents
Presumption as to genuineness of certified copies
79. (1) The court shall presume to be genuine every document
purporting to be a certificate, certified copy or other document
which