Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
39. Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications
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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 —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
any Act or Ordinance;
any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth;
any legislation enacted by the legislature of any State of Malaysia; or
any document purporting to be —
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
the Government Gazette;
the London Gazette; or
the Gazette printed under the authority of the Government of Malaysia or of any State thereof or of the government of any other part of the Commonwealth including, where such part is under both a central government and a local government, any such local government,is a relevant fact.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(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.