قاعدة بيانات التشريعات

Evidence from computer records.

15. (1) Notwithstanding sections 35A and 35B of the Evidence Act (Chapter 108), in any proceedings under this Act any relevant output shall be admissible as evidence of any fact stated therein if it is shown —

(a) that there is no reasonable ground for believing that the output is inaccurate because of improper use of the computer and that no reason exists to doubt the truth or reliability of the output; or

(b) that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the output or the accuracy of its contents.

(2) For the purpose of deciding whether or not such output is admissible, the court may draw any reasonable inference from the circumstances in which the output was made or otherwise came into being.

(3) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules requiring that, in any proceedings where it is desired to give a statement in evidence by virtue of this section, such information concerning the statement shall be provided in such form and at such time as may be so required.

Supplementary provisions on evidence.

16. (1) In any proceedings where it is desired to admit output in

evidence in accordance with section 15, a certificate —

(a) identifying the output and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that output as may be appropriate for the purpose of showing that the output was produced by a computer;

(c) dealing with an of the matters mentioned in Section 15(1)

(d) purporting to be signed by a person occupying a responsible position in relation to the operation of the computer at all relevant times,

shall be admitted in those proceedings as evidence of anything stated in the certificate. (2) If the person referred to in subsection (1)(d) who occupies a responsible position in relation to the operation of the computer did not have control or access over any relevant records and facts in relation to the production by the computer of the output, a supplementary certificate signed by another person who had such control or access and made in accordance with subsections (1)(a) to (c) shall be evidence of anything stated in the certificate. (3) For the purposes of subsections (1) and (2), it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. (4) Notwithstanding subsections (1) and (2), a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that subsection. (5) Any person who in a certificate tendered in a court under subsections (1) or (2) makes a statement which he knows to be false or does not believe to be true is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both. (6) In estimating the weight, if any, of any admissible output, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the output and, in particular —

(a) to the question whether the information which the output reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and (b) to the question whether any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the admissible output was produced by it, had any incentive to conceal or misrepresent the facts.