200
Laws of Malaysia
Act 593
(2) In case the officer in charge of any prison shall state
in any certificate signed by him that the fingerprints which
appear on the certificate are those of the person to whom the
certificate relates, that certificate shall be evidence of the fact
so stated.
(3) Every Court shall presume to be genuine every document
purporting to be a certificate of conviction and purporting to
be signed by the officer in charge of any prison in Malaysia or
the Republic of Singapore, and shall also presume that the
officer by whom the document purports to be signed was when
he signed it the officer in charge of the prison mentioned in that
document.
Record of evidence in absence of accused
401. (1) If it is proved that an accused person has absented
himself so that there is no immediate prospect of arresting
him, the Court competent to try that person for the offence
complained of may, in his absence, examine the witnesses,
if any, produced on behalf of the prosecution and record their
depositions.
(2) Any such deposition may, on the arrest of that person, be
given in evidence against him on the trial for the offence with
which he is charged, if the deponent is dead or incapable of
giving evidence or his attendance cannot be procured without
an amount of delay, expense or inconvenience which under the
circumstances of the case would be unreasonable.
(3) If it appears that an offence punishable with death or with
imprisonment has been committed by some person or persons
unknown the Court of a First Class Magistrate may hold an inquiry
and examine any witnesses who can give evidence concerning
the offence. Any depositions so taken may be given in evidence
against any person who is subsequently accused of the offence
if the deponent is dead or incapable of giving evidence or is
beyond the limits of Malaysia.
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