Q.S.O Article 2 | Interpretation.--- Q.S.O 1984

Q.S.O Article 2

Interpretation.—

(1) In this Order, unless there is anything repugnant in the subject or context,—

(a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence;

(b) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter;

Illustrations: A writing is a document; Words printed, lithographed or photographed are documents ; A map or plan is a document; An inscription on a metal plate or stone is a document ;

A caricature is a document.

(c) “evidence” includes:—

• (i) 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 ; and

• (ii) all documents produced for the inspection of the Court; such documents are called documentary evidence ;

(d) “fact” includes—

• (i) anything, state of things, or relation of things capable of being perceived by the senses; and

• (ii) 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.

(e) the expression, “automated”, “electronic”, “information”, information system” “electronic document”, “electronic signature”, “advanced electronic signature” and “security procedure”, shall bear the meanings given in the Electronic Transactions Ordinance, 2002;

(f) the expression “ certificate”, where the context so admits, includes the meaning given to it in the Electronic Transactions Ordinance, 2002.]

(2) 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 Order relating to the relevancy of facts.

(3) The expression “facts in issue” includes 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

Explanation:—Whenever, under the provisions of the law for the time being in force relating to civil procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue.

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 had intended to cause B’s death ; that A had received grave 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.

(4) 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.

(5) 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.

(6) A fact is said not to be proved when it is neither proved nor disproved.

(7) Whenever it is provided by this Order that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

(8) Whenever it is directed by this Order that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

(9) When one fact is declared by this Order 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