【法规名称】
【法规编号】 68817 什么是编号？
【正 文】
第9页 CAP 393 TATE'S CAIRN TUNNEL ORDINANCE
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[接上页] (c) states that the accused person was the driver of the vehicle at the time of the offence,the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence. (Enacted 1988) Cap 393 s 42A Certificates of image recording and printing devices (1) A document in such form as may be specified by the Commissioner purporting- (a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and (b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof. (2) On the production of a document under subsection (1)- (a) the court before which it is produced shall, in the absence of evidence to the contrary, presume- (i) that it was signed at the time and place specified in it by a person authorized by the Company; (ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and (iii) that the record of the facts stated in the document was made and compiled at the time stated in it;(b) the document shall be evidence of all other matters contained in it; and (c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document. (Added 29 of 1999 s. 2) Cap 393 s 42B Certificates as to photographic process (1) A document in such form as may be specified by the Commissioner purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and- (a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and (b) such document shall be evidence of all matters contained in it.(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing. (3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document. (Added 29 of 1999 s. 2) Cap 393 s 43 Proof of plan (1) In any prosecution for an offence against this Ordinance, a copy of the plan, certified by the Commissioner to be a copy of such plan, shall be conclusive proof of the tunnel area. (2) Any such copy purporting to be certified by the Commissioner shall be deemed, until the contrary is proved, to have been certified by him. (Enacted 1988) Cap 393 s 44 Definitions and application (1) In this Part- "driver" (驾驶人), in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle; "driving licence" (驾驶执照) means a licence issued in accordance with regulations made under section 8 of the Road Traffic Ordinance (Cap 374); "owner" (车主) includes the person in whose name a vehicle is registered under the Road Traffic Ordinance (Cap 374) and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement; "tunnel officer" (隧道人员) means any person employed by the Company in connection with the control, restriction and safety of traffic in the tunnel area. (2) The powers conferred on a tunnel officer by section 41, other than the power to make a demand by serving a notice under subsection (2) of that section, may be exercised only within the tunnel area. (Enacted 1988) Cap 393 s 45 Default PART X DEFAULT AND EXPIRATION OF THE FRANCHISE |
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