Malaysia legislation
Section 78
Section 78
Proof of certain official documents
(a)
acts, orders or notifications of the Government of Malaysia or of any State in any of its departments—
(i)
by the records of the departments certified by the heads of those departments respectively;
(ii)
by a Minister in the case of the Government of
Malaysia, and by the Chief Minister, a State Minister
(if any), the State Secretary or the Permanent
Secretary to the Chief Minister in the case of a
State Government; or
(iii)
by any document purporting to be printed by the authority of the Government concerned;
(b)
the proceedings of Parliament or of any of the federal legislatures that existed in Malaysia before Parliament was constituted or of the legislature of any State—
by the minutes of the body or by the published Acts of
Parliament, Ordinances, Enactments or abstracts or by copies purporting to be printed by the authority of the Government concerned;
(c)
proclamations, orders or regulations issued by the Crown in the United Kingdom or by the Privy Council or by any Minister or department of the Crown—
by copies or extracts contained in the London Gazette or in the Gazette or in any State Gazette or purporting to be printed by Her Britannic Majesty’s 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, by a copy certified under the seal of the country or sovereign or by a recognition thereof in some Act, Ordinance or
Enactment of Malaysia or of any State;
Evidence 61
(e)
the proceedings of a municipal body, town board or other local authority in Malaysia—
by a copy of the proceedings certified by the lawful keeper thereof, or by a printed book purporting to be published by the authority of that body;
(f)
public documents of any other class in a foreign country—
by the original or by a copy certified by the lawful keeper thereof, with a certificate under the seal of a notary public or of a consular officer of Malaysia that the copy is duly certified by the officer having the lawful custody of the original and upon proof of the character of the document according to the law of the foreign country.
(2)
Copies of Acts, Ordinances and Statutes passed by the legislature of any part of the Commonwealth and of orders, regulations and other instruments issued or made under the authority of any such Act, Ordinance or Statute, if purporting to be printed by the Government Printer, shall be received in evidence by all courts in Malaysia without any proof being given that the copies were so printed.
(3)
In this section “Government Printer” means, as respects any part of the Commonwealth, the printer purporting to be the printer authorized to print the Acts, Ordinances or Statutes of the legislature of that territory, or otherwise to be the Government Printer of that territory.
Proof of public documents produced by computers 78a. Notwithstanding anything contained in sections 77 and 78, the provisions of sections 90a, 90b and 90c shall apply to a public document.
Presumptions as to Documents
Presumption as to genuineness of certified copies