Malaysia legislation

Section 254

of Merchant Shipping Ordinance 1960

Section 254

(a)

if the proceeding is criminal, a deposition so made shall not be admissible, unless it was made in the presence of the person accused; and

(b)

no deposition so made shall be admissible, unless it is authenticated by the signature of the Judge, Magistrate or consular officer before whom it was made, and unless such Judge, Magistrate, or consular officer has certified, if the fact is so, that the accused was present at the taking thereof.

(2)

A deposition so made shall be deemed to be duly authenticated if it purports to have been signed by the Judge, Magistrate or consular officer before whom it was made.

(3)

It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and, in any criminal proceeding, a certificate purporting to have been signed by the Judge, Magistrate or consular officer before whom the deposition was made, that the accused was present at the taking of the deposition, shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner hereby certified.

(4)

Nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any other written law.

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