2.06 Evidence Ordinance

TURKS AND CAICOS ISLANDS
CHAPTER 2.06
EVIDENCE ORDINANCE
and Related Legislation
Revised Edition
showing the law as at 31 August 2009
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
of the Revised Edition of the Laws Ordinance 1997.
This edition contains a consolidation of the following laws
EVIDENCE ORDINANCE
Page
3
Ordinance 3 of 1882
Amended by Ordinance 3 of 1901
Incorporating Ordinance 2 of 1945
Incorporating section 5 of Evidence Law of Jamaica (No. 33 of 1950)
Amended by Ordinances: 23 of 1968
5 of 2001 .. in force 1 July 2001 (L.N. 19/2001)
13 of 2001 .. in force 1 January 2002 (L.N. 52/2001)
EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS)
(TURKS AND CAICOS ISLANDS) ORDER Section 10
U.K. Statutory Instrument No. 1266 of 1987 .. in force 14 May 1995 (L.N. 23/1995)
No Subsidiary Legislation has been made under this Ordinance
Crown Copyright 2009

Copying/unauthorised distribution strictly prohibited.
Printed under Authority by
The Regional Law Revision Centre Inc.
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41

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TURKS AND CAICOS ISLANDS
CHAPTER 2.06
EVIDENCE ORDINANCE
and Related Legislation
Revised Edition
showing the law as at 31 August 2009
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
of the Revised Edition of the Laws Ordinance 1997.
This edition contains a consolidation of the following laws
EVIDENCE ORDINANCE
Page
3
Ordinance 3 of 1882
Amended by Ordinance 3 of 1901
Incorporating Ordinance 2 of 1945
Incorporating section 5 of Evidence Law of Jamaica (No. 33 of 1950)
Amended by Ordinances: 23 of 1968
5 of 2001 .. in force 1 July 2001 (L.N. 19/2001)
13 of 2001 .. in force 1 January 2002 (L.N. 52/2001)
(TURKS AND CAICOS ISLANDS) ORDER Section 10
U.K. Statutory Instrument No. 1266 of 1987 .. in force 14 May 1995 (L.N. 23/1995)
No Subsidiary Legislation has been made under this Ordinance

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Published in 2011
On the authority and on behalf of the Government of the Turks and Caicos Islands
By
Available for purchase from
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Waterloo Plaza
Airport Road
Grand Turk
Turks and Caicos Islands
British West Indies
Tel: (649) 946-2096
Fax: (649) 946-1329
Email: attorneygeneral@tciway.tc
Printed on the authority and on behalf of the Government of the Turks and Caicos Islands
by
P.O. Box 1626, Hannah-Waver House, The Valley, AI-2640, Anguilla
Authorised Printers for this Revised Edition

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Evidence
CAP. 2.06
Revision Date: 31 Aug 2009
CHAPTER 2.06
EVIDENCE ORDINANCE
ARRANGEMENT OF SECTIONS
SECTION
1.
2.
3.
Short title
Extent of application
Interpretation and explanatory provisions
PART I
RELEVANCY OF FACTS
Preliminary
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Evidence may be given of facts in issue and relevant facts

Facts forming part of same transaction
Facts which are cause, etc., of facts in issue
Facts showing motive
Facts to explain relevant facts
In conspiracy things said or done by one evidence against other
When non-relevant facts may become relevant
In suits for damages
When right or custom in question
Facts showing intention, etc
Admissions and Confessions

14.
15.
16.
Admission in civil cases

Confession of an accused person
Confession evidence as against the person making it only
Statements by Persons who cannot be called as Witnesses

17.
18.
Statement of persons dead or who cannot be found, etc

When evidence of a witness is relevant at subsequent proceedings
Admission of Medical Evidence and Certificates

19.
Medical certificates as evidence

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Evidence
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Statements made under Special Circumstances

20.
21.
22.
23.
Entry in a public record

Evidence of historical records, maps, etc
Statement of public nature contained in Acts, Ordinances or Gazettes
Statements of law contained in law books
Judgments of Courts of Justice

24.
25.
26.
27.
Previous judgments
Relevancy of judgments in certain matters
Relevancy of judgments in other matters
Party may prove incompetency of court to deliver judgment or fraud or
collusion
Opinions of Third Persons

28.
29.
30.
31.
32.
33.
34.
Expert evidence
Facts in support or otherwise of expert evidence
Opinions on handwriting
Opinions as to custom or right
Opinions as to usages, etc
Opinions as to relationship
Grounds of opinion
Character
35.
36.
37.
38.
In civil cases
In criminal cases
When evidence of bad character is relevant
As affecting damages
PART II
ON PROOF
Facts which need not be Proved
39.
40.
41.
Facts which need not be proved

Facts of which the Court must take judicial notice
Facts admitted need not be proved

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Evidence
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Oral Evidence
42.
Facts proved by oral evidence
Documentary Evidence
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
Proof of contents of documents

Primary evidence
Secondary evidence
Documents to be proved by primary evidence
Documents may be proved by secondary evidence in certain cases
Rules as to notice to produce
Proof of signature or handwriting of person signing or making document
Proof of execution of a document required to be attested
Proof where no attesting witness is found
Admission by party to attested document
Proof when attesting witness denies execution
Proof of document not required to be attested
Comparison of signature, etc
Court may direct persons to write for comparison
Public documents
Private documents
Certified copies of public documents
Document may be proved by certified copies
Proof of other official documents
Presumptions as to Documents
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
Presumption as to certified copies

Presumption as to officer certifying
Document produced as record of evidence
As to Gazettes, newspapers, private Acts of Parliament, etc
Document admissible in England without proof of signature, etc
Maps or plans
Collections of laws and reports
Powers of attorney
Certified copies of foreign judicial records
Books, maps, and charts
Telegraphic messages
Execution of document not produced
Documents thirty years old

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Evidence
Of the Exclusion of Oral by Documentary Evidence

75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
Terms of contract, etc., reduced to form of a document

Exclusion of evidence of oral agreement
Evidence not to be given to explain or amend ambiguous facts
Evidence not to be given to exclude application of document to existing
facts
Evidence as to document unmeaning in reference to existing facts
As to language which can apply to one only of several persons
As to language not correctly applying to one of two sets of facts
As to the meaning of illegible characters, etc
Who may give evidence of agreement varying terms of document
As to construction of wills
PART III
PRODUCTION AND EFFECT OF EVIDENCE

The Burden of Proof
85.
86.
87.
88.
89.
90.
On whom the burden of proof lies

As to a particular fact
As to whether a person is alive or dead
As to ownership
As to legitimacy
Court may presume existence of certain facts
Estoppel
91.
92.
93.
94.
Estoppel
Tenant cannot deny landlords title, etc
Acceptor of bill of exchange
Bailee, agent, and licensee
Witnesses
95.
96.
97.
98.
99.
100.
101.
102.
Who may testify

Person authorised to hear evidence may administer oaths to all witnesses
Presiding judge may substitute declarations for oath in certain cases
Dumb witnesses
Civil proceedings
Evidence of access
Criminal proceedings
Competence and compellability of accuseds spouse
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103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
Accused not required to answer certain questions

Caution to the accused before taking his evidence
Communications during marriage
Affairs of state
Official communications
Information of offences
Barristers, etc., prohibited from disclosing communication with client
Protection from disclosure of confidential communication with legal
adviser
Witness not compelled to criminate himself
Accomplice
Number of witnesses required
Examination of Witnesses
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
Examination-in-chief
Cross-examination
Re-examination
Order of examination
Manner of examining-in-chief
Manner of cross-examining
Manner of re-examining
Recalling of witness
Persons called to produce document
Witnesses to character
Leading questions
When they must not be asked
When they may be asked
Cross-examination as to previous statement in writing
Cross-examination as to previous oral statements
Questions permitted in cross-examination
Court to decide whether witness shall be compelled to answer
Indecent and scandalous questions
Questions intended to insult or annoy
No evidence to be given to contradict answers as to character
Party may cross-examine his own witness with leave of Court
Impeaching credit of a witness
As to witness impeaching credit of another witness
Refreshing memory
Witness may state facts recorded by him although the facts themselves
forgotten
Adverse party may inspect writing
Document called for and produced
As to document the production of which was refused
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142.
143.
144.
Judges powers as to examination, etc

Questions by jury, etc
Parties present in Court may be compelled to give evidence
Improper Admission and Rejection of Evidence

145.
No new trial for improper admission or rejection of evidence in certain

cases

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CHAPTER 2.06
EVIDENCE ORDINANCE
(Ordinances 3 of 1882, 3 of 1901, 2 of 1945, 23 of 1968, 5 of 2001 and 13 of
2001 and Jamaican Law No. 33 of 1950)
AN ORDINANCE RELATING TO EVIDENCE.
Commencement
[21 September 1882]
Short title
1.
This Ordinance may be cited as the Evidence Ordinance.
Extent of application
2.
This Ordinance 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 and explanatory provisions

3.
(1) In this Ordinance, the following words and expressions are used in the
following senses unless a contrary intention appears from the context
bankers book includes any ledger, day book, cash book, account book, and
any other book used in the ordinary business of a bank;
Court includes the Judge and the Magistrate, and, except arbitrators, all
persons legally authorised to take evidence;
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 the
matter;
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; and
such documents are called documentary evidence;
fact includes
(a) any thing, state of things, or relation of things, capable of
being perceived by the senses;
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(b) any mental condition of which any person is conscious;

fact in issue includes any fact from which, either by itself or in connection
with other facts, the existence or nonexistence, nature or extent of any
right, liability or disability asserted or denied in any suit or proceeding
necessarily follows.
(2) A fact is said to be proved when, after considering the matters before
it, the Court or the Jury 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.
A fact is said to be disproved when, after considering the matters before
it, the Court or the Jury either believes that it does not exist, or considers its nonexistence so probable that a prudent man ought under the circumstances of the
particular case to act upon the supposition that it does not exist.
A fact is said to be not proved when it is neither proved nor disproved.
Whenever it is provided by this Ordinance 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.
Whenever it is directed by this Ordinance that the Court shall presume a
fact, it shall regard such fact as proved unless and until it is disproved.
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 Ordinance
relating to the relevancy of facts.
When one fact is declared by this Ordinance 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.
PART I
RELEVANCY OF FACTS
Preliminary
Evidence may be given of facts in issue and relevant facts

4.
Evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue, and of such other facts as are hereinafter
declared to be relevant, and of no others:
Provided that nothing in this section shall enable a person to give
evidence of a fact which he is disentitled to prove by any provision of the law for
the time being in force relating to civil procedure.

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Facts forming part of same transaction

5.
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.
Facts which are cause, etc., of facts in issue

6.
Facts which are the occasion, cause, or effect, immediate or otherwise, of
relevant fact or facts in issue, or which constitute the state of things under which
they happened or which afforded an opportunity for their occurrence or
transaction, are relevant.
Facts showing motive

7.
Any fact is relevant which shows or constitutes a motive or preparation
for any fact in issue or relevant fact.
Facts to explain relevant facts

8.
Facts necessary to explain or introduce facts in issue or relevant facts are
relevant in so far as they are necessary for that purpose.
In conspiracy things said or done by one evidence against other

9.
Where there is reasonable ground for believing 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 such persons in reference to their common
intent is a relevant fact as against each of them.
When non-relevant facts may become relevant

10.
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 nonexistence of any fact in issue or relevant fact
highly probable or improbable.
In suits for damages

11. 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.
When right or custom in question

12. When 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, recognised, asserted or denied, or
which was inconsistent with its existence;
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(b) particular instances in which the right or custom was claimed,

recognised or exercised, or in which its exercise was disputed,
asserted or departed from.
Facts showing intention, etc

13. Facts showing the existence of any state of mind, such as intention,
knowledge, negligence, or ill-will, or showing the existence of any state of body
or bodily feeling, are relevant when the existence of such state of mind or body
or bodily feeling is in issue or relevant.
Admissions and Confessions
Admission in civil cases

14. In civil cases no admission is relevant if it was made either upon an
express condition that evidence of it was 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.
Confession of an accused person

15. 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.
Confession evidence as against the person making it only

16. When more persons than one are being tried jointly for the same offence
and a confession made by one of such persons affecting himself and some other
of such persons is proved, the confession shall only be accepted as evidence
against the party making it.
Statements by Persons who cannot be called as Witnesses
Statement of persons dead or who cannot be found, etc

17. Subject to section 24 of the Evidence (Special Provisions) Ordinance,
statements, written or verbal, or 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 persons
death comes into question, whether the person who made the

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statement was or was not at the time when he made it under

expectation of death;
(b) when the statement was made by such person in the ordinary
course of business, and in particular when it consists of an entry
or memorandum made by him in books kept in the ordinary
course of business, 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 such statement was made
before any controversy as to such right, custom, or matter, had
arisen;
(e) when the statement relates to the existence of any relationship by
blood, marriage or adoption, between parties, 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 of
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 such
statement was made before the question in dispute was raised.
(Amended by Ord. 5 of 2001)
When evidence of a witness is relevant at subsequent proceedings

18. Evidence given by a witness in any civil judicial proceeding, or before
any person authorised by law to take evidence in any civil matter or proceeding
is relevant for the purpose of proving in a subsequent judicial proceeding, or in a
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;
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(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.
Admission of Medical Evidence and Certificates
Medical certificates as evidence

19. (1) Notwithstanding anything contained in this or any other Ordinance,
but subject always to the provisions of this section, any certificate or report, if
accompanied by a sworn statement by the medical practitioner who has signed
the certificate or report, shall be admitted in evidence in any criminal
proceedings before the Magistrate or at any Coroners inquest, without the
medical practitioner being called upon to attend and to give evidence upon oath.
(2) Where, in any criminal proceedings before the Magistrate it is
intended to put in evidence a certificate or report as provided in subsection (1)
the prosecution shall, at least three clear days before the proceedings, serve upon
the defendant written notice of such intention, together with a copy of the
certificate or report, and the defendant, at the commencement of the proceedings,
may object to the admission of the certificate or report, and may require the
attendance of the medical practitioner to give evidence on oath.
(3) Nothing in this Ordinance shall be deemed to prejudice or take away
the right of the defendant, or of the Court or Coroner, as the case may be, at any
stage of any proceedings to require the medical practitioner who has signed a
certificate or report to attend and give evidence on oath.
(Inserted by Ord. 2 of 1945)
Statements made under Special Circumstances
Entry in a public record

20. 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 such book, register, or record, is kept, is itself
a relevant fact.
Evidence of historical records, maps, etc

21. Evidence may be given of the contents of historical books and records and
of the contents of maps or charts generally offered for public sale, or prepared
under the authority of the Government, with reference to matters of general
information therein contained, but not with reference to any private interest
affected thereby.

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Statement of public nature contained in Acts, Ordinances or Gazettes

22. 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 any Act of
Parliament, or in any Ordinance, or in a notification of the Government
appearing in the Gazette, or in any printed paper purporting to be the London
Gazette, or the Government Gazette of any colony, dominion, dependency or
possession of the British Crown, or purporting to be the Gazette issued by the
Local Government of any part of such colony, dominion, dependency, or
possession, is relevant.
Statements of law contained in law books

23. When the Court has to form an opinion as to the law of any country, any
statement of such law contained in a book purporting to be printed or published
under the authority of the Government of such country, and to contain any such
law, and any report of a ruling of the courts of such country contained in a book
purporting to be a report of such rulings, is relevant.
Judgments of Courts of Justice
Previous judgments
24. 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 such Court ought to take cognizance of such suit or
to hold such trial.
Relevancy of judgments in certain matters

25. (1) A final judgment, order, or decree, of a competent Court 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
such 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 when such 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 such judgment, order, or decree,
declared that it had ceased or should cease; and
(d) that any thing to which it declares any person to be so entitled was
the property of that person at the time from which such judgment,

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order, or decree, declares that it had been or should be his

property.
Relevancy of judgments in other matters

26. Judgments, orders, and decrees, other than those mentioned in section 25
hereof, are relevant if they relate to matters of a public nature relevant to the
inquiry; but such judgments, orders, and decrees, are not conclusive proof of that
which they state.
Party may prove incompetency of Court to deliver judgment or fraud or

collusion
27. Any party to a suit or other proceeding may show that any judgment,
order, or decree, 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
Expert evidence
28. 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, the opinions upon
that point of persons specially skilled in such foreign law, science or art, or in
questions as to identity or genuineness of handwriting are relevant facts. Such
persons are called experts.
Facts in support or otherwise of expert evidence

29. Facts not otherwise relevant are relevant if they support or are
inconsistent with the opinions of experts when such opinions are relevant.
Opinions on handwriting
30. 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 is supposed to be written or signed, that it
was or was not written or signed by that person is a relevant fact.
Opinions as to custom or right

31. 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.
Opinions as to usages, etc

32.
When the Court has to form an opinion as to

(a) the usages and tenets of any body of men or family;

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(b) the constitution and government of any religious or charitable

foundation; or
(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.
Opinions as to relationship
33. 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:
Provided that such opinion shall not be sufficient to prove a marriage in
any prosecution for bigamy.
Grounds of opinion
34. Whenever the opinion of any living person is relevant, the grounds on
which such opinion is based are also relevant.
Character
In civil cases
35. In civil cases, the fact that the character of any person concerned is such
as to render probable or improbable any conduct imputed to him is irrelevant,
except in so far as such character appears from facts otherwise relevant.
In criminal cases
36. In criminal proceedings, the fact that the person accused is of a good
character is relevant.
When evidence of bad character is relevant

37. 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.
As affecting damages
38. 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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Evidence
PART II
ON PROOF

39.
No fact of which the Court will take judicial notice need be proved.
Facts of which the Court must take judicial notice

40.
The Court shall take judicial notice of the following facts

(a) all laws, or rules having the force of law, now or heretofore in
force, or hereafter to be in force, in any part of the Islands;
(b) all public Acts passed or hereafter to be passed by Parliament, and
all local and personal Acts directed by Parliament, to be judicially
noticed;
(c) articles of war of any of Her Majestys Armed Forces;
(d) the course of proceeding of Parliament and of the House of
Assembly;
(e) the accession and the sign manual of the Sovereign for the time
being of the United Kingdom of Great Britain and Northern
Ireland;
(f) all seals of which English Courts take judicial notice, the seals of
all the Courts of the Islands and of Notaries Public, and all seals
which any person is authorised to use by any Act of Parliament or
other law in force for the time being in the Islands;
(g) the accession to office, names, titles, functions, and signatures of
the persons filling for the time being any public office in any part
of the Islands, if the fact of their appointment to such office is
notified in the Gazette;
(h) the existence, title, and national flag of every State or Sovereign
recognized by the British Crown;
(i) the ordinary course of nature, natural and artificial divisions of
time, the geographical divisions of the world, the meaning of
English words, and public festivals, fasts, and holidays notified in
the Gazette;
(j) the territories of the Commonwealth;
(k) the commencement, continuance and termination of hostilities
between the British Crown and any other State or body of
persons;
(l) the names of the members and officers of the Court and of the
deputies and subordinate officers and assistants, and also of all
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officers acting in execution of its process, and of all attorneys and

other persons authorised by law to appear or act before it;
(m) the rule of the road on land or at sea; and
(n) all other matters which it is directed by any statute to notice.
In all these cases, and also on all matters of public history, literature,
science, or art, the Court may resort for its aid to appropriate books or documents
of reference.
Facts admitted need not be proved

41. No facts need be proved in any civil 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.
Oral Evidence
Facts proved by oral evidence

42. All facts except the contents of documents may be proved by oral
evidence.
Documentary Evidence
Proof of contents of documents

43. The contents of documents may be proved either by primary or secondary
evidence.
Primary evidence
44. Primary evidence means the document itself produced for the inspection
of the Court.
Secondary evidence
45.
Secondary evidence means and includes

(a) copies made from or compared with the original;
(b) oral accounts of the contents of a document given by some person
who has seen it.
Documents to be proved by primary evidence

46. Documents must be proved by primary evidence, except in the cases
hereinafter mentioned.

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Documents may be proved by secondary evidence in certain cases

47. 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; or
(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 48, 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;
(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;
(e) when the original is a public document within the meaning of
section 57;
(f) when the original is a document of which certified copy is
permitted by this Ordinance or by any other statute in force for
the time being in the Islands 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;
(h) any entry in any bankers book, when it has been proved, whether
orally or by affidavit that
(i) the book in which such entry was made was at the time of
making such entry one of the ordinary books of the bank;
(ii) such book is in the custody or control of the bank;
(iii) such entry was made in the usual and ordinary course of
business; and
(iv) the copy of any such entry tendered in evidence has been
examined with the original entry and found correct.
In cases (a), (c), and (d) any secondary evidence of the contents of the
documents is admissible.
In case (b) the written admission is admissible.
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In cases (e) and (f) a certified copy of the document, but no other kind of
secondary evidence is admissible.
In case (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

48. Secondary evidence of the contents of the documents referred to in
section 47, case (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 solicitor, 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:
Provided 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;
(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;
(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 or handwriting of person signing or making document

49. 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 persons handwriting must be proved to be in his
handwriting.
Proof of execution of a document required to be attested

50. 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 be any attesting witness alive and subject to the
process of the Court and capable of giving evidence.
Proof where no attesting witness is found

51. 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

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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 by party to attested document

52. 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 be a
document required by law to be attested.
Proof when attesting witness denies execution

53. 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 to be attested

54. An attested document not required by law to be attested may be proved as
if it were unattested.
Comparison of signature, etc

55. 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, or the
jury, with the one which is to be proved, although that signature, writing, or seal,
has not been produced or proved for any other purpose.
Court may direct persons to write for comparison

56. 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 such person.
Public documents
57.
The following documents are public documents

(a) documents forming the acts or records of the acts
(i) of the sovereign authority;
(ii) of official bodies and tribunals; and
(iii) of public officers, legislative, judicial, and executive, whether
of the Islands or of any other part of the Commonwealth or of
a foreign country;
(b) public records kept in the Islands of private documents.
Private documents
58.
All other documents are private.

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Certified copies of public documents

59. 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 such copy that it is a true copy of such document or part thereof as the case
may be; and such certificate shall be dated and subscribed by such officer with
his name and his official title; and such copies so certified shall be called
certified copies.
Document may be proved by certified copies

60. Such certified copies 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 other official documents

61.
The following public documents may be proved as follows

(a) acts, orders or notifications of the Government in any of its
departments by the records of the departments certified by the
heads of those departments respectively, or by the Governor; or
by any document purporting to be printed by order of the
Government;
(b) the proceedings of the House of Assembly by the minutes of that
body, or by the published Ordinances or abstracts, or by copies
purporting to be printed by order of the Government;
(c) proclamations, orders, or regulations issued by Her Majesty or by
the Privy Council or by any department of Her Majestys
Government by copies or extracts contained in the London
Gazette or in the Gazette of the Islands, or purporting to be
printed by order of the Government or the Queens 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, or by a copy certified
under the seal of the country or sovereign, or by a recognition
thereof in some public Ordinance of the Islands;
(e) the proceedings of a municipal body in the Islands by a copy of
such proceeding certified by the legal keeper thereof, or by a
printed book purporting to be published by the authority of such
body;
(f) public documents of any other class in a foreign country by the
original or by a copy certified by the legal keeper thereof with a
certificate under the seal of a Notary Public, or of a British
Consul, or Diplomatic Agent, that the copy is duly certified by the
officer having the legal custody of the original, and upon proof of
the character of the document according to the law of the foreign
country.
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Presumptions as to Documents
Presumption as to certified copies

62. The Court shall presume to be genuine every document purporting to be a
certificate, certified copy, or other document which is by law declared to be
admissible as evidence of any particular fact, and which purports to be duly
certified by any officer in the Islands:
Provided that such document is substantially in the form, and purports to
be executed in the manner, directed by law in that behalf.
Presumption as to officer certifying

63. The Court shall presume that any officer by whom any such document
purports to be signed or certified held, when he signed it, the official character
which he claims in such document.
Document produced as record of evidence

64. Whenever any document is produced before any Court, purporting to be a
record or memorandum of the evidence, or of any part of the evidence, given by
a witness in a judicial proceeding, or before any officer authorised by law to take
such evidence, or to be a statement or confession by any prisoner or accused
person taken in accordance with law, and purporting to be signed by any Judge
or Magistrate, or by any such officer as aforesaid, the Court shall presume that
the document is genuine; that any statements as to the circumstances under
which it was taken purporting to be made by the person signing it are true; and
that such evidence, statement, or confession was duly taken.
As to Gazettes, newspapers, private Acts of Parliament, etc

65. The Court shall presume the genuineness of every document purporting to
be the London Gazette or the Gazette of the Islands, or the Government Gazette
of any colony, dominion, dependency or possession of the British Crown, or to
be the Gazette issued by the local Government of any part of such colony,
dominion, dependency, or possession, or to be a newspaper or journal, or to be a
copy of a private Act of Parliament printed by the Queens printer, and of every
document purporting to be a document directed by any law to be kept by any
person if such document is kept substantially in the form required by law and is
produced from proper custody.
Document admissible in England without proof of signature, etc

66. When any document is produced before any Court, purporting to be a
document which by the law in force for the time being in England or Northern
Ireland would be admissible in proof of any particular in any Court of Justice in
England or Northern Ireland without proof of the seal or stamp, or signature
authenticating it, or of the judicial or official character claimed by the person by
whom it purports to be signed, the Court shall presume that such seal, stamp or
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signature is genuine, and that the person signing it held, at the time when he
signed it, the judicial or official character which he claims; and the document
shall be admissible for the same purpose for which it would be admissible in
England or Northern Ireland.
Maps or plans
67. The Court shall presume that maps or plans purporting to be made by the
authority of the Government were so made and are accurate; but maps or plans
made for the purposes of any cause or other proceeding, civil or criminal must be
proved to be accurate.
Collections of laws and reports

68. The Court shall presume the genuineness of every book purporting to be
printed or published under the authority of the Government of any country, and
to contain any of the laws of that country; and of every book purporting to
contain reports of decisions of the Courts of such country.
Powers of attorney
69. The Court shall presume that every document purporting to be a powerof-attorney, and to have been executed before, and authenticated by, a Notary
Public, or any Court, Judge, Magistrate, British Consul or Vice-Consul, or
representative of Her Majesty was so executed and authenticated.
Certified copies of foreign judicial records

70. The Court may presume that any document purporting to be a certified
copy of any judicial record of any country not forming part of Her Majestys
dominions is genuine and accurate, if the document purports to be certified by
any representative of Her Majesty, in or for such country as being certified in a
manner commonly in use in that country for the certification of copies of judicial
records.
Books, maps, and charts

71. The Court may presume that any book to which it may refer for
information on matters of public or general interest, and that any published map
or chart, the statements of which are relevant facts, and which is produced for its
inspection, was written and published by the person and at the time and place, by
whom, or at which, it purports to have been written or published.
Telegraphic messages
72. The Court may presume that a message forwarded from a telegraphic
office to the person to whom such message purports to be addressed corresponds
with a message delivered for transmission at the office from which the message
purports to be sent; but the Court shall not make any presumption as to the
person by whom such message was delivered for transmission.

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Execution of document not produced

73. The Court shall presume that every document called for and not produced
after notice to produce, given under section 48, was attested, stamped and
executed in the manner required by law.
Documents thirty years old

74. Where any document purporting or proved to be thirty years old is
produced from any custody which the Court in the particular case considers
proper, the Court may presume that the signature and every other part of the
document which purports to be in the handwriting of any particular person is in
that persons handwriting, and in the case of a document executed or attested,
that it was duly executed and attested by the persons by whom it purports to be
executed and attested.
Of the Exclusion of Oral by Documentary Evidence
Terms of contract, etc., reduced to form of a document

75. When the terms of a contract, or of a grant, or of any other disposition of
property have been reduced by, or by consent of, the parties to the form of a
document, and in all cases in which any matter is required by law to be reduced
to the form of a document, no evidence shall be given in proof of the terms of
such contract, grant, or other disposition of the property, or of such matter except
the document itself, or secondary evidence of its contents in cases in which
secondary evidence is admissible under the provisions hereinbefore contained:
Provided that when a public officer is required by law to be appointed in
writing, and when it is shown that any particular person has acted as such officer
the writing by which he is appointed need not be proved:
Provided further that wills admitted to probate in the Islands may be
proved by the probate.
Exclusion of evidence of oral agreement

76. When the terms of any such contract, grant, or other disposition of
property or any matter required by law to be reduced to the form of a document,
have been proved according to the last section no evidence of any oral agreement
or statement shall be admitted as between the parties of any such instrument or
their representatives in interest for the purpose of contradicting, varying, adding
to, or subtracting from, its terms:
Provided that
(a) any fact may be proved which would invalidate any document, or
which would entitle any person to any decree or order relating
thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, the fact that it is
wrongly dated, want or failure of consideration, or mistake in fact
or law;
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(b) the existence of any separate oral agreement as to any matter on

which a document is silent, and which is not inconsistent with its
terms, may be proved under (b).
In considering whether or not this proviso applies, the Court shall
have regard to the degree of formality of the document;
(c) the existence of any separate oral agreement constituting a
condition precedent to the attaching of any obligation under any
such contract, grant, or disposition of property, may be proved;
(d) the existence of any distinct subsequent oral agreement to rescind
or modify any such contract, grant, or disposition of property,
may be proved, except in cases in which such contract, grant or
disposition of property is by law required to be in writing or has
been registered according to the law in force for the time being as
to the registration of documents;
(e) any usage or custom by which incidents not expressly mentioned
in any contract are usually annexed to contracts of that
description may be proved; but the annexing of such incident
must not be repugnant to or inconsistent with the express terms of
the contract;
(f) any fact may be proved which shows in what manner the
language of a document is related to existing facts.
Evidence not to be given to explain or amend ambiguous facts

77. When the language used in a document is on its face ambiguous or
defective, evidence may not be given of facts which would show its meaning or
supply its defects.
Evidence not to be given to exclude application of document to existing

facts
78. When language used in a document is plain in itself, and when it applies
accurately to existing facts, evidence may not be given to show that it was not
meant to apply to such facts.
Evidence as to document unmeaning in reference to existing facts

79. When language used in a document is plain in itself but is unmeaning in
reference to existing facts, evidence may be given to show that it was used in a
peculiar sense.
As to language which can apply to one only of several persons

80. When the facts are such that the language used might have been meant to
apply to any one, and could not have been meant to apply to more than one of
several persons or things, evidence may be given of facts which show to which
of those persons or things it was intended to apply.

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As to language not correctly applying to one of two sets of facts

81. When language used applies partly to one set of existing facts and partly
to another set of existing facts, but the whole of it does not apply correctly to
either, evidence may be given to show to which of the two it was meant to apply.
As to the meaning of illegible characters, etc

82. Evidence may be given to show the meaning of illegible or not commonly
intelligible characters of foreign, obsolete, technical, local, and provincial
expressions, of abbreviations, and of words used in a peculiar sense.
Who may give evidence of agreement varying terms of document

83. Persons who are not parties to a document or their representatives in
interest, may give evidence of any fact tending to show a contemporaneous
agreement varying the terms of the document.
As to construction of wills
84. Nothing in this Ordinance shall affect the construction of wills, but they
shall be construed according to the rules of construction which would be
applicable thereto if they were being construed in a Court of Justice in England.
PART III
PRODUCTION AND EFFECT OF EVIDENCE

The Burden of Proof
On whom the burden of proof lies

85. The burden of proof in a suit or proceeding lies on that person who would
fail if no evidence at all were given on either side.
As to a particular fact
86. The burden of proof as to any particular fact lies on that person who
wishes the Court to believe in its existence, unless it is provided by any law that
the proof of that fact shall lie on any particular person.
As to whether a person is alive or dead

87. When the question is whether a man is alive or dead and it is shown that
he was alive within thirty years, the burden of proving that he is dead is on the
person who affirms it; but if it is proved that he has not been heard of for seven
years by those who would naturally have heard of him if he had been alive, the
burden of proving that he is alive is shifted on the person who affirms it.

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As to ownership
88. When the question is whether any person is owner of anything of which
he is shown to be in possession, the burden of proving that he is not the owner is
on the person who affirms it.
As to legitimacy
89. The fact that any person was born during the continuance of a valid
marriage between his mother and any man, or within two hundred and eighty
days after its dissolution, the mother remaining unmarried, shall be conclusive
proof that he is the legitimate son of that man, unless it can be shown that the
parties to the marriage had no access to each other at any time when he could
have been begotten.
Court may presume existence of certain facts

90. The Court may presume the existence of any fact which it thinks likely to
have happened regard being had to the common course of natural events, human
conduct, and public and private business, in their relation to the facts of the
particular case.
Estoppel
Estoppel
91. When one person has, by his declaration, act, or omission, intentionally
caused or permitted another person to believe a thing to be true, and to act upon
such belief otherwise than but for that belief he would have acted, neither he nor
his representative in interest shall be allowed in any suit or proceeding between
himself and such person or his representative in interest to deny the truth of that
thing.
Tenant cannot deny landlords title, etc

92. No tenant of immovable property, or person claiming through such tenant,
shall, during the continuance of the tenancy, be permitted to deny that the
landlord of such tenant had at the beginning of the tenancy a title to such
immovable property; and no person who came upon any immovable property by
the licence of the person in possession thereof shall be permitted to deny that
such person had a title to such possession at the time when such licence was
given.
Acceptor of bill of exchange

93. No acceptor of a bill of exchange shall be permitted to deny that the
drawer had authority to draw such bill or endorse it; but he may deny that the bill
was really drawn by the person by whom it purports to have been drawn.

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Bailee, agent, and licensee

94. No bailee, agent or licensee shall be permitted to deny that the bailor,
principal, or licensor, by whom any goods were entrusted to any of them
respectively was entitled to those goods at the time when they were so entrusted;
but any such bailee, agent, or licensee may show that he was compelled to
deliver up any such goods to some person who had a right to them as against his
bailor, principal, or licensor, or that his bailor, principal, or licensor, wrongfully
and without notice to the bailee, agent, or licensee, obtained the goods from a
third person, who has them from such bailee, agent, or licensee.
Witnesses
Who may testify

95. All persons shall be competent to testify, unless the Court considers they
are prevented from understanding the questions put to them, or from giving
rational answers to those questions by reason of tender years, extreme old age,
disease, whether of mind or body, or any other cause of the same kind.
Person authorised to hear evidence may administer oaths to all witnesses

96. Every Court, Justice, Officer, Commissioner, Arbitrator or other person
now or hereafter having by law or by consent of parties authority to hear, receive
and examine evidence is hereby empowered to administer an oath to all such
witnesses as are legally called before them.
Presiding Judge may substitute declarations for oath in certain cases

97. If any person called as a witness or requiring or desiring to make an
affidavit or deposition whether in a civil or criminal proceeding or otherwise
shall object to take an oath or shall be objected to as incompetent to take an oath
it shall be lawful for the Judge or other presiding officer or person having by law
authority to administer the oath or person qualified to take the affidavit or
deposition, to permit such person instead of being sworn to make his or her
solemn affirmation or declaration in the words following,
I solemnly promise and declare that the evidence given by me
shall be the truth the whole truth and nothing but the truth;
the said affirmation or declaration shall be of the same force and effect as if such
person had taken an oath in the usual form.
Dumb witnesses
98. A witness who is unable to speak may give his evidence in any other
manner in which he can make it intelligible, as, for example, by writing or by
signs; but such writing must be written and the signs made in open Court.
Evidence so given shall be deemed to be oral evidence.

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Civil proceedings
99. In all civil proceedings the parties to the suit, and the husband or wife of
any party to the suit, shall be competent witnesses.
Evidence of access
100. (1) Notwithstanding any rule of law, the evidence of a husband or wife
shall be admissible in any proceedings to prove that marital intercourse did or
did not take place between them during any period.
(2) Notwithstanding anything in this section or in any rule of law, a
husband or wife shall not be compelled in any proceedings to give evidence of
the matters aforesaid.
Criminal proceedings
101. In all criminal proceedings the accused, may be called as a witness, but
the accused shall not be called as a witness without his consent.
(Amended by Ord.13 of 2001)
Competence and compellability of accuseds spouse

102. (1) In any proceedings the wife or husband of the accused shall be
competent to give evidence
(a) subject to subsection (4), for the prosecution; and
(b) on behalf of the accused or any person jointly charged with the
accused.
(2) In any proceedings the wife or husband of the accused shall, subject
to subsection (4), be compellable to give evidence on behalf of the accused.
(3) In any proceedings the wife or husband of the accused shall, subject
to subsection (4), be compellable to give evidence for the prosecution or on
behalf of any person jointly charged with the accused if and only if
(a) the offence charged involves an assault on, or injury or a threat of
injury to, the wife or husband of the accused or a person who was
at the material time under the age of sixteen; or
(b) the offence charged is a sexual offence alleged to have been
committed in respect of a person who was at the material time
under that age; or
(c) the offence charged consists of attempting or conspiring to
commit, or of aiding, abetting, counseling, procuring or inciting
the commission of, an offence falling within paragraph (a) or (b).
(4) Where a husband and wife are jointly charged with an offence
neither spouse shall at the trial be competent or compellable by virtue of
subsection (1)(a), (2) or (3) to give evidence in respect of that offence unless that
spouse is not, or is no longer, liable to be convicted of that offence at the trial as
a result of pleading guilty or for any other reason.
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(5) In any proceedings a person who has been but is no longer

married to the accused shall be competent and compellable to give evidence as if
that person and the accused had never been married.
(6) Where in any proceedings the age of any person at any time is
material for the purposes of subsection (3), his age at the material time shall for
the purposes of that provision be deemed to be or to have been that which
appears to the court to be or to have been his age at that time.
(7) In subsection (3)(b) sexual offence means an offence under
Parts VI, VIII and XI of the Offences Against the Person Ordinance.
(8) The failure of the wife or the husband of the accused to give
evidence shall not be made the subject of any comment by the prosecution.
(Inserted by Ord.13 of 2001)
Accused not required to answer certain questions

103. A person called as a witness under section 101 or 102 shall not be asked,
and, if asked, shall not be required to answer, any question tending to show that
the accused has committed or been convicted of any offence other than that
wherewith he is then charged, unless
(a) the proof that the accused 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; or
(b) the accused has given evidence of good character; or
(c) 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
(d) he has given evidence against another person charged with the
same offence.
(Amended by Ord.13 of 2001)
Caution to the accused before taking his evidence

104. Where the accused is not defended by counsel, then, on the completion of
the examination of the witnesses for the prosecution, the following caution, or
words to the like effect, shall, before he is called as a witness, be addressed to
him by or under the direction of the Court:
Having heard the evidence against you, do you wish to be called as a witness
and give evidence in answer to the charge? You are not obliged to be called and
give evidence unless you wish, but, if you are called, the evidence you give may
be used against you..
Communications during marriage

105. No person who is, or has been, married shall be compelled to disclose any
communication made to him during marriage by any person to whom he is or has
been married; nor shall he be permitted to disclose any such communication
unless the person who made it, or his representative in interest, consents, except
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in suits between married persons, or proceedings in which one married person is

prosecuted for any crime committed against the other, and except in the cases
mentioned in sections 100 and 101 of this Ordinance.
Affairs of state
106. No one shall be permitted to produce any unpublished official records
relating to any affairs of state, or to give any evidence derived therefrom except
with the permission of the officer at the head of the department concerned, who
shall give or withhold such permission as he thinks fit, subject, however, to the
control of the Governor.
Official communications
107. No public officer shall be compelled to disclose communications made to
him in official confidence, when he considers that the public interest would
suffer by the disclosure.
Information of offences
108. No Magistrate, Justice of the Peace, or police officer shall be compelled
to say whence he got any information as to the commission of any offence, and
no Revenue Officer shall be compelled to say where he got any information as to
the commission of any offence against the public revenue or the excise laws.
Barristers, etc., prohibited from disclosing communication with client

109. No attorney, barrister or solicitor shall at any time be permitted, unless
with the clients express consent, to disclose any communication made to him in
the course and for the purpose of his employment as such attorney, barrister or
solicitor, by or on behalf of his client, or to state the contents or condition of any
document with which he has become acquainted in the course and for the
purpose of his professional employment, or to disclose any advice given by him
to his client in the course and for the purpose of such employment:
Provided that nothing in this section shall protect from disclosure any
communication made in furtherance of an illegal purpose; or any fact showing
that any crime or fraud has been committed since the commencement of the
employment.
Protection from disclosure of confidential communication with legal

adviser
110. No one shall be compelled to disclose to the Court any confidential
communication which has taken place between him and his legal adviser.
Witness not compelled to criminate himself

111. No witness shall be compelled to answer any question the answer to
which will criminate or may tend directly or indirectly to criminate such witness
or which may expose him to a civil suit at the instance of some person.

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Accomplice
112. An accomplice shall be a competent witness against an accused person.
Number of witnesses required

113. No particular number of witnesses shall in any case be required for the
proof of any fact.
Examination of Witnesses
Examination-in-chief
114. The examination of a witness by the party who called him shall be called
his examination-in-chief.
Cross-examination
115. The examination of a witness by the adverse party shall be called his
cross-examination.
Re-examination
116. Where a witness has been cross-examined and then examined by the party
who called him, such examination shall be called his re-examination.
Order of examination
117. Witnesses shall be first examined-in-chief then (if the adverse party so
desires) cross-examined, then (if the party calling them so desires) re-examined.
Manner of examining-in-chief
118. The examination-in-chief must relate to relevant facts.
Manner of cross-examining
119. The cross-examination must relate to relevant facts, but need not be
confined to the facts to which the witness testified on his examination-in-chief.
Manner of re-examining
120. The re-examination shall be directed to the explanation of matters referred
to in cross-examination; and if new matter is, by permission of the Court,
introduced in re-examination, the adverse party may further cross-examine upon
the matter.
Recalling of witness
121. The Court may in all cases permit a witness to be recalled either for
further examination-in-chief or for further cross-examination, and if it does so,

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the parties have the right of further cross-examination and re-examination

respectively.
Persons called to produce document

122. A person summoned to produce a document does not become a witness
by the mere fact that he produces it, and cannot be cross-examined unless and
until he is called as a witness.
Witnesses to character
123. Witnesses as to character may be cross-examined and re-examined.
Leading questions
124. Any question suggesting the answer which the person putting it wishes or
expects to receive, or suggesting disputed facts as to which the witness is to
testify, is called a leading question.
When they must not be asked

125. (1) Leading questions must not, if objected to by the adverse party, be
asked in an examination-in-chief, or in a re-examination, except with the
permission of the Court.
(2) The Court shall permit leading questions as to matters which are
introductory or undisputed, or which have, in its opinion, been already
sufficiently proved.
When they may be asked

126. (1) Leading questions may be asked in cross-examination, but questions
must not assume that facts have been proved which have not been proved, or that
particular answers have been given contrary to fact.
(2) The Court, in its discretion, may prohibit leading questions from
being put to a witness who shows a strong interest or bias in favour of the crossexamining party.
Cross-examination as to previous statement in writing

127. A witness may be cross-examined as to previous statements made by him
in writing, or reduced into writing, and relevant to matters in question in the suit
or proceeding in which he is cross-examined, without such writing being shown
to him or being proved; but if it is intended to contradict him by the writing, his
attention must, before the writing can be proved, be called to those parts of it
which are to be used for the purpose of contradicting him.
Cross-examination as to previous oral statements

128. If a witness upon cross-examination as to a previous oral statement made
by him relevant to matters in question in the suit or proceeding in which he is
cross-examined, and inconsistent with his present testimony, does not distinctly
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admit that he made such statement, proof may be given that he did in fact make
it; but before such proof can be given, the circumstances of the supposed
statement, sufficient to designate the particular occasion, must be mentioned to
the witness, and he must be asked whether or not he made such statement.
Questions permitted in cross-examination

129. When a witness is cross-examined, he may, in addition to the questions
hereinbefore referred to, be asked any questions which tend
(a) to test his accuracy, veracity, or credibility;
(b) to discover who he is, and what is his position in life; or
(c) to shake his credit by injuring his character, but he shall not be
bound to answer any question which might tend directly or
indirectly to criminate him.
Court to decide whether witness shall be compelled to answer

130. If any question asked is not relevant to the suit or proceeding except in so
far as it affects the credit of the witness by injuring his character, the Court shall
decide whether or not the witness shall be compelled to answer it.
Indecent and scandalous questions

131. The Court may forbid any questions or inquiries which it regards as
indecent or scandalous, although such questions or inquiries may have some
bearing on the questions before the Court, unless they relate to facts in issue, or
to matters necessary to be known in order to determine whether or not the facts
in issue existed.
Questions intended to insult or annoy

132. The Court may forbid any question which appears to it to be intended to
insult or annoy, or which, though proper in itself, appears to the Court needlessly
offensive in form.
No evidence to be given to contradict answers as to character

133. When a witness has been asked and has answered any question which is
relevant to the inquiry only in so far as it tends to shake his credit by injuring his
character, no evidence shall be given to contradict him, but if he answers falsely,
he may afterwards be charged with giving false evidence:
Provided always that if a witness is asked whether he has been previously
convicted of any crime, and denies it, evidence may be given of his previous
conviction; and if he has been asked any question tending to impeach his
impartiality and answers it by denying the facts suggested, he may be
contradicted.

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Party may cross-examine his own witness with leave of Court

134. The Court may, in its discretion, permit the person who calls a witness to
put any question to him which might be put in cross-examination by the adverse
party.
Impeaching credit of a witness

135. The credit of a witness may be impeached in the following ways by the
adverse party, or, with the consent of the Court, by the party who calls him
(a) by the evidence of witnesses who testify that they, from their
knowledge of the witness, believe him to be unworthy of credit;
(b) by proof that the witness has been bribed, or has accepted the
offer of a bribe, or has received any other corrupt inducement to
give his evidence;
(c) by proof of former statements inconsistent with any part of his
evidence which is liable to be contradicted;
(d) when a man is prosecuted for rape or an attempt to ravish, it may
be shown that the prosecutrix was of generally immoral character.
As to witness impeaching credit of another witness

136. A witness declaring another witness to be unworthy of credit may not,
upon his examination-in-chief, give reasons for his belief, but he may be asked
his reasons in cross-examination, and the answers he gives cannot be
contradicted, though if they are false he may afterwards be charged with giving
false evidence.
Refreshing memory
137. A witness may, while under examination, refresh his memory by referring
to any writing made by himself at the time of the transaction concerning which
he is questioned, or so soon afterwards that the Court considers it likely that the
transaction was at the time fresh in his memory.
Witness may state facts recorded by him although the facts themselves
forgotten
138. A witness may also testify to facts mentioned in any such writing as is
mentioned in the last section, although he has no specific recollection of the facts
themselves, if he is sure that the facts were correctly recorded in the writing.
Adverse party may inspect writing

139. Any writing referred to under the provisions of the last two preceding
sections must be produced and shown to the adverse party if he requires it; such
party may, if he pleases, cross-examine the witness thereupon.

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Document called for and produced

140. When a party calls for a document which he has given the other party
notice to produce, and such document is produced and inspected by the party
calling for it, he is bound to give it as evidence if the party producing it requires
him to do so and it is relevant.
As to document the production of which was refused

141. When a party refuses to produce a document of which he has had notice
to produce, he cannot afterwards use the document as evidence without the
consent of the other party or the order of the Court.
Judges powers as to examination, etc

142. The Judge may, in order to discover or to obtain proper proof of relevant
facts, ask any question he pleases in any form, at any time, of any witness, or of
the parties, about any facts relevant or irrelevant; and may order the production
of any document or thing; and neither the parties nor their agents shall be entitled
to make any objection to any such question or order, nor without the leave of the
Court, to cross-examine any witness upon any answer given in reply to any such
question:
Provided that the judgment must be based upon facts declared by this
Ordinance to be relevant and duly proved:
Provided further that this section shall not authorise any Judge to compel
any witness to answer any question or to produce any document which such
witness would be entitled to refuse to answer or produce under sections 100 to
110, both inclusive, of this Ordinance, if the question were asked or the
document were called for by the adverse party; nor shall the Judge ask any
question which it would be improper for any other person to ask under section
125 or 126 of this Ordinance, nor shall he dispense with the primary evidence of
any document, except in the cases hereinbefore excepted.
Questions by jury, etc

143. In cases tried by jury, or with assessors, the jury or assessors may put any
questions to the witnesses, through or by leave of the Judge, which the Judge
himself might put and which he considers proper.
Parties present in Court may be compelled to give evidence

144. Any person present in Court, whether a party to the proceedings or not,
may be called upon and compelled by the Court to give evidence and produce
any document then and there in his actual possession, or in his power, in the
same manner and subject to the same rules as if he had been summoned to
appear and give evidence or to produce the document.

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Improper Admission and Rejection of Evidence
No new trial for improper admission or rejection of evidence in certain

cases
145. The improper admission or rejection of evidence shall not be ground of
itself for a new trial or reversal of any decision in any case if it shall appear to
the Court before which such objection is raised that, independently of the
evidence objected to and admitted, there was sufficient evidence to justify the
decision, or that if the rejected evidence had been received it ought not to have
varied the decision.
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[Related Legislation]

(TURKS AND CAICOS ISLANDS) ORDER
ARRANGEMENT OF SECTIONS
SECTION
1. Application to Supreme Court for assistance in obtaining evidence for civil
proceedings in other court
2. Power of Supreme Court to give effect to application for assistance
3. Privileges of witnesses
4. Extension powers of Supreme Court in relation to obtaining evidence for
proceedings in that Court
5. Power of Supreme Court to assist in obtaining evidence for criminal proceedings
in overseas courts
6. Power of Supreme Court to assist in obtaining evidence for international
proceedings
7. Rules of Court
8. Omitted
9. Interpretation
____________

(TURKS AND CAICOS ISLANDS) ORDER SECTION 10
(UK Statutory Instrument 1987 No. 1266,
published in Turks and Caicos Islands as G.N. 214/1987)
Commencement
[14 May 1995]
PROVISIONS OF THE EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 AS
EXTENDED TO THE TURKS AND CAICOS ISLANDS.
EVIDENCE FOR CIVIL PROCEEDINGS

Application to Supreme Court for assistance in obtaining evidence for civil proceedings
in other court
1.
Where an application is made to the Supreme Court for an order for evidence to be
obtained in the Turks and Caicos Islands, and the Court is satisfied
(a) that the application is made in pursuance of a request issued by or on behalf
of a court or tribunal (the requesting court) exercising jurisdiction in a
country or territory outside the Turks and Caicos Islands; and
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(b) that the evidence to which the application relates is to be obtained for the
purposes of civil proceedings which either have been instituted before the
requesting court or whose institution before that court is contemplated,
the Supreme Court shall have the powers conferred on it by the following provisions of this
Act.
Power of Supreme Court to give effect to application for assistance
2.
(1) Subject to the provisions of this section, the Supreme Court shall have power, on
any such application as is mentioned in section 1 above, by order to make such provision for
obtaining evidence in the Turks and Caicos Islands as may appear to the court to be
appropriate for the purpose of giving effect to the request in pursuance of which the application is made; and any such order may require a person specified therein to take such steps as
the court may consider appropriate for that purpose.
(2) Without prejudice to the generality of subsection (1) above but subject to the
provisions of this section, an order under this section may, in particular, make provision
(a) for the examination of witnesses, either orally or in writing;
(b) for the production of documents;
(c) for the inspection, photographing, preservation, custody or detention of any
property;
(d) for the taking of samples of any property and the carrying out of any
experiments on or with any property;
(e) for the medical examination of any person;
(f) without prejudice to paragraph (e) above, for the taking and testing of
samples of blood from any person.
(3) An order under this section shall not require any particular steps to be taken
unless they are steps which can be required to be taken by way of obtaining evidence for the
purposes of civil proceedings in the court making the order (whether or not proceedings of
the same description as those to which the application for the order relates); but this
subsection shall not preclude the making of an order requiring a person to give testimony
(either orally or in writing) otherwise than on oath where this is asked for by the requesting
court.
(4) An order under this section shall not require a person
(a) to state what documents relevant to the proceedings to which the application
for the order relates are or have been in his possession, custody or power; or
(b) to produce any documents other than particular documents specified in the
order as being documents appearing to the court making the order to be or
to be likely to be, in his possession, custody or power.
(5) A person who, by virtue of an order under this section, is required to attend at
any place shall be entitled to the like conduct money and payment for expenses and loss of
time as on attendance as a witness in civil proceedings before the court making the order.

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Privileges of witnesses
3.
(1) A person shall not be compelled by virtue of an order under section 2 above to
give any evidence which he could not be compelled to give
(a) in civil proceedings in the Turks and Caicos Islands; or
(b) subject to subsection (2) below, in civil proceedings in the country or
territory in which the requesting court exercises jurisdiction.
(2) Subsection (1)(b) above shall not apply unless the claim of the person in
question to be exempt from giving the evidence is either
(a) supported by a statement contained in the request (whether it is so
supported unconditionally or subject to conditions that are fulfilled); or
(b) conceded by the applicant for the order,
and where such a claim made by any person is not supported or conceded as aforesaid he
may (subject to the other provisions of this section) be required to give the evidence to which
the claim relates but that evidence shall not be transmitted to the requesting court if that
court, on the matter being referred to it, upholds the claim.
(3) Without prejudice to subsection (1) above, a person shall not be compelled by
virtue of an order under section 2 above to give any evidence if his doing so would be
prejudicial to the security of the United Kingdom, the Turks and Caicos Islands or any other
territory for which the United Kingdom is responsible under international law; and a
certificate signed by or on behalf of the Governor to the effect that it would be so prejudicial
for that person to do so shall be conclusive evidence of that fact.
(4) In this section references to giving evidence include references to answering any
question and to producing any document and the reference in subsection (2) above to the
transmission of evidence given by a person shall be construed accordingly.
Extension powers of Supreme Court in relation to obtaining evidence for proceedings
in that Court
4. 1
Sections 93 to 96 of the Civil Procedure Ordinance shall apply to any hearing under
this Act before an examiner or commissioner appointed by the Supreme Court or a judge
thereof, including a hearing conducted by an examiner or commissioner appointed to take
evidence outside the jurisdiction of the Supreme Court, as if the hearing were a trial of any
cause or matter before the Supreme Court.
NOTE: Implied repeal of this section by virtue of the expressed repeal of sections 93 to 96 of the Civil
Procedure Ordinance by the Civil Procedure (Amendment) Ordinance 1999 No 12 of 1999, in force
from 1 March 2000.
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EVIDENCE FOR CRIMINAL PROCEEDINGS

Power of Supreme Court to assist in obtaining evidence for criminal proceedings in
overseas courts
5.
(1) The provisions of sections 1 to 3 above shall have effect in relation to the
obtaining of evidence for the purposes of criminal proceedings as they have effect in relation
to the obtaining of evidence for the purposes of civil proceedings except that
(a) paragraph (a) of section 1 above shall apply only to a court or tribunal
exercising jurisdiction in a country or territory outside the Turks and Caicos
Islands;
(b) paragraph (b) of that section shall apply only to proceedings which have
been instituted; and
(c) no order under section 2 above shall make provision otherwise than for the
examination of witnesses, either orally or in writing, or for the production
of documents.
(2) In its application by virtue of subsection (1) above, section 3(1)(a) and (b) above
shall have effect as if for the words civil proceedings there were substituted the words
criminal proceedings.
(3) Nothing in this section applies in the case of criminal proceedings of a political
character.
EVIDENCE FOR INTERNATIONAL PROCEEDINGS

Power of Supreme Court to assist in obtaining evidence for international proceedings
6.
(1) The Governor may by order direct that, subject to such exceptions, adaptations
or modifications as may be specified in the order, the provisions of sections 1 to 3 above
shall have effect in relation to international proceedings of any description specified in the
order.
(2) An order under this section may direct that the provisions of the Perjury Acts
1562 and 1728 shall have effect in relation to international proceedings to which the order
applies as they have effect in relation to judicial proceedings in the Supreme Court.
(3) In this section international proceedings means proceedings before the
International Court of Justice or any other court, tribunal, commission, body or authority
(whether consisting of one or more persons) which, in pursuance of any international
agreement or of any resolution of the General Assembly of the United Nations exercises any
jurisdiction or performs any functions of a judicial nature or by way of arbitration,
conciliation or inquiry or is appointed (whether permanently or temporarily) for the purpose
of exercising any jurisdiction or performing any such functions.

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SUPPLEMENTARY
Rules of Court
7.
The power to make rules of court under section 16 of the Supreme Court Ordinance
shall include power to make rules of court
(a) as to the manner in which any such application as is mentioned in section 1
above is to be made;
(b) subject to the provisions of this Act, as to the circumstances in which an
order can be made under section 2 above; and
(c) as to the manner in which any such reference as is mentioned in section 3(2)
above is to be made,
and any such rules may include such incidental, supplementary and consequential provisions
as the authority making the rules may consider necessary or expedient.
8.
Omitted.
Interpretation
9.
(1) In this Act
civil proceedings, in relation to the requesting court, means proceedings in any civil or
commercial matter;
Governor means the Governor of the Turks and Caicos Islands;
property includes any land, chattel or other corporeal property of any description;
request includes any commission, order or other process issued by or on behalf of the
requesting court;
requesting court has the meaning given in section 1 above;
Supreme Court means the Supreme Court of the Turks and Caicos Islands.
(2) Any power conferred by this Act to make an order includes power to revoke or
vary any such order by a subsequent order.
(3) Nothing in this Act shall be construed as enabling any court to make an order
that is binding on the Crown or on any person in his capacity as an officer or servant of the
Crown.
(4) Except so far as the context otherwise requires, any reference in this Act to any
enactment is a reference to that enactment as amended or extended by or under any other
enactment.
(5) Nothing in this Act shall be construed as affecting the provisions of the
Confidential Relationships Ordinance, the Banking Ordinance or the Companies Ordinance.
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TURKS AND CAICOS ISLANDS

No Subsidiary Legislation has been made under this Ordinance

Crown Copyright 2009

Crown Copyright 2009

TURKS AND CAICOS ISLANDS

No Subsidiary Legislation has been made under this Ordinance

Crown Copyright 2009

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Evidence may be given of facts in issue and relevant facts

Admissions and Confessions

Admission in civil cases

Statements by Persons who cannot be called as Witnesses

Statement of persons dead or who cannot be found, etc

Admission of Medical Evidence and Certificates

Medical certificates as evidence

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Statements made under Special Circumstances

Entry in a public record

Judgments of Courts of Justice

Opinions of Third Persons

Facts which need not be proved

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Facts proved by oral evidence

Proof of contents of documents

Presumption as to certified copies

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Of the Exclusion of Oral by Documentary Evidence

Terms of contract, etc., reduced to form of a document

PRODUCTION AND EFFECT OF EVIDENCE

On whom the burden of proof lies

Who may testify

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Accused not required to answer certain questions

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Judges powers as to examination, etc

Improper Admission and Rejection of Evidence

No new trial for improper admission or rejection of evidence in certain

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

This Ordinance may be cited as the Evidence Ordinance.

Interpretation and explanatory provisions

LAWS OF TURKS &

Revision Date: 31 Aug 2009

(b) any mental condition of which any person is conscious;

Evidence may be given of facts in issue and relevant facts

Crown Copyright 2009

LAWS OF TURKS &

Revision Date: 31 Aug 2009

Facts forming part of same transaction

Facts which are cause, etc., of facts in issue

Facts showing motive

Facts to explain relevant facts

In conspiracy things said or done by one evidence against other