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1. This Act may be cited as the Evidence Act.
—(1) Parts I, II and III 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.
(2) All rules of evidence not contained in any written law, so far as such rules are inconsistent with any of the provisions of this Act, are repealed.
—(1) In Parts I, II and III, unless the context otherwise requires —
"computer" means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include —
an automated typewriter or typesetter;
a portable hand held calculator;
a device similar to those referred to in paragraphs (a) and (b) which is non-programmable or which does not contain any data storage facility;
such other device as the Minister may by notification prescribe;
"computer output" or "output" means a statement or representation (whether in audio, visual, graphical, multi-media, printed, pictorial, written or any other form) —
produced by a computer; or
accurately translated from a statement or representation so produced;
"court" includes all Judges and Magistrates 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 that matter;
A writing is a document.
Words printed, lithographed or photographed are documents.
A map or plan is a document.
An inscription on a metal plate or stone is a document.
A caricature is a document.
"evidence" includes —
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;
all documents produced for the inspection of the court: such documents are called documentary evidence;
"fact" includes —
any thing, state of things, or relation of things, capable of being received by the senses;
any mental condition of which any person is conscious;
(a) That there are certain objects arranged in a certain order in a certain place is a fact.
(b) That a man heard or saw something is a fact.
(c) That a man said certain words is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation is a fact.
"fact in issue" includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows.
A is accused of the murder of B.
At his trial the following facts may be in issue:
that A caused B's death;
that A intended to cause B's death;
that A had received grave and sudden provocation from B;
that A at the time of doing the act which caused B's death was by reason of unsoundness of mind incapable of knowing its nature.
(2) 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 Act relating to the relevancy of facts.
(3) A fact is said to be "proved" when, after considering the matters before it, the court 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.
(4) A fact is said to be "disproved" when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
(5) A fact is said to be "not proved" when it is neither proved nor disproved.
—(1) Whenever it is provided by this Act 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.
(2) Whenever it is directed by this Act that the court shall presume a fact, it shall regard such fact as proved unless and until it is disproved.
(3) When one fact is declared by this Act 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.
Relevancy of facts
5. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
Explanation .—This section shall not enable any 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.
A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A's trial the following facts are in issue:
A's beating B with the club;
A's causing B's death by such beating;
A's intention to cause B's death.
A, a party to a suit, does not comply with a notice given by B, the other party, to produce for B's inspection a document referred to in A's pleadings. This section does not enable A to put such document in evidence on his behalf in such suit, otherwise than in accordance with the conditions prescribed by the Rules of Court.
6. 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.
A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact.
A is accused of waging war against the Government by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them.
A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose and forming part of the correspondence in which it is contained are relevant facts though they do not contain the libel itself.
The question is whether certain goods ordered from B were delivered to A . The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.
7. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts 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.
The question is whether A robbed B.
The facts that shortly before the robbery B went to a fair with money in his possession, and that he showed or mentioned the fact that he had it to third persons, are relevant.
The question is whether A murdered B. Marks on the ground produced by a struggle at or near the place where the murder was committed are relevant facts.
The question is whether A poisoned B. The state of B's health before the symptoms ascribed to poison and habits of B known to A which afforded an opportunity for the administration of poison, are relevant facts.
—(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1.—The word "conduct" in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.
Explanation 2.—When the conduct of any person is relevant any statement made to him or in his presence and hearing which affects such conduct is relevant.
A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.
A sues B upon a bond for the payment of money. B denies the making of the bond.
The fact that at the time when the bond was alleged to be made B required money for a particular purpose is relevant.
A is tried for the murder of B by poison.
The fact that before the death of B, A procured poison similar to that which was administered to B is relevant.
The question is whether a certain document is the will of A.
The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that he consulted lawyers in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve are relevant.
A is accused of a crime.
The facts that either before, or at the time of or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
The question is whether A robbed B.
The facts that after B was robbed, C said in A's presence: "The police are coming to look for the man who robbed B", and that immediately afterwards A ran away are relevant.
The question is whether A owes B $10,000.
The facts that A asked C to lend him money, and that D said to C in A's presence and hearing: "I advise you not to trust A for he owes B $10,000", and that A went away without making any answer, are relevant facts.
The question is whether A committed a crime.
The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant.
A is accused of a crime.
The facts that after the commission of the alleged crime he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.
The question is whether A was ravished.
The facts that shortly after the alleged rape she made a complaint relating to the crime, the circumstances under which and the terms in which the complaint was made, are relevant.
The fact that without making a complaint she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(a), or as corroborative evidence under section 159.
The question is whether A was robbed.
The fact that soon after the alleged robbery he made a complaint relating to the offence, the circumstances under which and the terms in which the complaint was made, are relevant.
The fact that he said he had been robbed without making any complaint is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32(a), or as corroborative evidence under section 159.
9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
The question is whether a given document is the will of A.
The state of A's property and of his family at the date of the alleged will may be relevant facts.
A sues B for libel imputing disgraceful conduct to A ; B affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.
A is accused of a crime.
The fact that soon after the commission of the crime A absconded from his house is relevant under section 8 as conduct subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.
A sues B for inducing C to break a contract of service made by him with A. C on leaving A's service says to A: "I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.
A accused of theft is seen to give the stolen property to B who is seen to give it to A's wife. B says as he delivers it: "A says you are to hide this". B's statement is relevant as explanatory of a fact which is part of the transaction.
A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.
10. Where there is reasonable ground to believe that 2 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 intention after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government.
The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Malacca for a like object, D persuaded persons to join the conspiracy in Province Wellesley, E published writings advocating the object in view at Singapore, and F transmitted from Singapore to G at Jakarta the money which C had collected at Malacca, and the contents of a letter written by H giving an account of the conspiracy are each relevant, both to prove the existence of the conspiracy and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.
11. Facts not otherwise relevant are relevant —
if they are inconsistent with any fact in issue or relevant fact;
if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
The question is whether A committed a crime at Singapore on a certain day.
The fact that on that day A was at Penang is relevant.
The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.
The question is whether A committed a crime.
The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D is relevant.
12. 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.
13. Where the question is as to the existence of any right or custom, the following facts are relevant:
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; and
particular instances in which the right or custom was claimed, recognised or exercised or in which its exercise was disputed, asserted or departed from.
The question is whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
14. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question.
Explanation 2.—But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.
A is accused of receiving stolen goods, knowing them to be stolen. It is proved that he was in possession of a particular stolen article.
The fact that at the same time he was in possession of many other stolen articles is relevant as tending to show that he knew each and all of the articles of which he was in possession to be stolen.
A is accused of fraudulently delivering to another person a counterfeit coin, which at the time when he delivered it he knew to be counterfeit.
The fact that at the time of its delivery A was possessed of a number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin, knowing it to be counterfeit, is relevant.
A sues B for damage done by a dog of B's, which B knew to be ferocious.
The facts that the dog had previously bitten X, Y and Z and that they had made complaints to B are relevant.
The question is whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious.
The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee, if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.
A is accused of defaming B by publishing an imputation intended to harm the reputation of B.
The fact of previous publications by A respecting B showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question.
The facts that there was no previous quarrel between A and B and that A repeated the matter complained of as he heard it, are relevant as showing that A did not intend to harm the reputation of B.
A is sued by B for fraudulently representing to B that C was solvent, whereby B being induced to trust C, who was insolvent, suffered loss.
The fact that at the time when A represented C to be solvent C was supposed to be solvent by his neighbours, and by persons dealing with him, is relevant, as showing that A made the representation in good faith.
A is sued by B for the price of work done by B upon a house of which A is owner by the order of C, a contractor.
A's defence is that B's contract was with C.
The fact that A paid C for the work in question is relevant as providing that A did in good faith make over to C the management of the work in question, so that C was in a position to contract with B on C's own account and not as agent for A.
A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it he believed in good faith that the real owner could not be found.
The fact that public notice of the loss of the property had been given in the place where A was, is relevant as showing that A did not in good faith believe that the real owner of the property could not be found.
The fact that A knew or had reason to believe that the notice was given fraudulently by C who had heard of the loss of the property and wished to set up a false claim to it, is relevant as showing that the fact that A knew of the notice did not disprove A's good faith.
A is charged with shooting at B with intent to kill him.
In order to show A's intent, the fact of A's having previously shot at B may be proved.
A is charged with sending threatening letters to B.
Threatening letters previously sent by A to B may be proved as showing the intention of the letters.
The question is whether A has been guilty of cruelty towards B his wife.
Expression of their feelings towards each other shortly before or after the alleged cruelty are relevant facts.
The question is whether A's death was caused by poison.
Statements made by A during his illness as to his symptoms are relevant facts.
The question is, what was the state of A's health at the time when an assurance on his life was effected? Statements made by A as to the state of his health at or near the time in question are relevant facts.
A sues B for negligence in providing him with a motor car for hire not reasonably fit for use whereby A was injured.
The fact that B's attention was drawn on other occasions to the defect of that particular motor car is relevant.
The fact that B was habitually negligent about the motor cars which he let to hire is irrelevant.
A is tried for the murder of B by intentionally shooting him dead.
The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.
The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.
A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is relevant.
The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.
15. When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
A is accused of burning down his house in order to obtain money for which it is insured.
The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant as tending to show that the fire was not accidental.
A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive.
The question is whether this false entry was accidental or intentional.
The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant.
A is accused of fraudulently delivering to B a counterfeit dollar.
The question is whether the delivery of the dollar was accidental.
The facts that soon before or soon after the delivery to B, A delivered counterfeit dollars to C, D and E are relevant as showing that the delivery to B was not accidental.
16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
The question is whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place, are relevant.
The question is whether a particular letter reached A.
The facts that it was posted in due course and was not returned through the Dead Letter Office are relevant.
Admissions and confessions
—(1) An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.
(2) A confession is an admission made at any time by a person accused of an offence, stating or suggesting the inference that he committed that offence.
—(1) Statements made by a party to the proceeding or by an agent to any such party whom the court regards under the circumstances of the case as expressly or impliedly authorised by him to make them are admissions.
(2) Statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that character.
(3) Statements made by —
persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested; or
persons from whom the parties to the suit have derived their interest in the subject-matter of the suit,
are admissions if they are made during the continuance of the interest of the persons making the statements.
19. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit are admissions if the statements would be relevant as against the persons in relation to the position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies the position or is subject to the liability.
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission and is a relevant fact, as against A, if A denies that C did owe rent to B.
20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
The question is whether a horse sold by A to B is sound.
A says to B: "Go and ask C, C knows all about it". C's statement is an admission.
21. Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest except in the following cases:
an admission may be proved by or on behalf of the person making it when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32;
an admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body relevant or in issue, made at or about the time when such state of mind or body existed and is accompanied by conduct rendering its falsehood improbable; and
an admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission.
The question between A and B is whether a certain deed is or is not forged. A affirms that it is genuine; B that it is forged.
A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her proper course.
A produces a book kept by him in the ordinary course of his business, showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements because they would be admissible between third parties if he were dead under section 32(b).
A is accused of a crime committed by him at Singapore. He produces a letter written by himself and dated at Penang on that day, and bearing the Penang postmark of that day.
The statement in the date of the letter is admissible, because if A were dead it would be admissible under section 32(b).
A is accused of receiving stolen goods, knowing them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements though they are admissions, because they are explanatory of conduct influenced by facts in issue.
A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in illustration (d).
22. Oral admissions as to the contents of a document are not relevant unless the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of the document under the rules contained in this Act, or unless the genuineness of a document produced is in question.
23. In civil cases, no admission is relevant if it is made either upon an express condition that evidence of it is 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.
Explanation .—Nothing in this section shall be taken to exempt any advocate or solicitor from giving evidence of any matter of which he may be compelled to give evidence under section 128.
24. 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 and sufficient in the opinion of the court to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him.
25. 1No confession made to a police officer who is below the rank of sergeant by a person accused of any offence shall be proved as against the person.
1 See also section 122 of the Criminal Procedure Code (Cap. 68).
26. Subject to any express provision in any written law, no confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate, shall be proved as against the person.
27. When any fact is deposed to as discovered in consequence of information received from a person accused of any offence in the custody of a police officer, so much of such information, whether such information amounts to a confession or not, as relates distinctly to the fact thereby discovered may be proved.
28. If a confession referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it is relevant.
29. If such a confession is otherwise relevant, it does not become irrelevant merely because —
it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk;
it was made in answer to questions which he need not have answered, whatever may have been the form of those questions; or
he was not warned that he was not bound to make the confession and that evidence of it might be given against him.
Consideration of proved confession affecting person making it and others jointly under trial for same offence
30. 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 court may take into consideration the confession as against the other person as well as against the person who makes the confession.
Explanations .—"Offence" as used in this section includes the abetment of or attempt to commit the offence.
A and B are jointly tried for the murder of C. It is proved that A said "B and I murdered C". The court may consider the effect of this confession as against B.
A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said: "A and I murdered C ".
This statement may not be taken into consideration by the court against A as B is not being jointly tried.
31. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions in this Act.
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
32. Statements, written or verbal, of 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 person's death comes into question; such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question;
(b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty, 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 persons 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 by 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;
(g) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in section 13(a);
(h) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question.
The question is whether A was murdered by B.
A dies of injuries received in a transaction in the course of which she was ravished.
The question is whether she was ravished by B; or
The question is whether A was killed by B under such circumstances that a suit would lie against B by A's widow.
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts.
The question is as to the date of A's birth.
An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that on a given day he attended A's mother and delivered her of a son, is a relevant fact.
The question is whether A was in Singapore on a given day.
A statement in the diary of a deceased solicitor regularly kept in the course of business that on a given day the solicitor attended A at a place mentioned in Singapore for the purpose of conferring with him upon specified business is a relevant fact.
The question is whether a ship sailed from Singapore harbour on a given day.
A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Singapore harbour is a relevant fact.
The question is whether rent was paid to A for certain land.
A letter from A's deceased agent to B, saying that he had received the rent on A's account and held it at A's orders, is a relevant fact.
The question is whether A and B were legally married.
The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant.
The question is whether A, a person who cannot be found, wrote a letter on a certain day.
The fact that a letter written by him is dated on that day is relevant.
The question is, what was the cause of the wreck of a ship?
A protest made by the captain, whose attendance cannot be procured, is a relevant fact.
The question is, what was the price of shares on a certain day in a particular market?
A statement of the price made by a deceased broker in the ordinary course of his business is a relevant fact.
The question is whether A, who is dead, was the father of B.
A statement by A that B was his son is a relevant fact.
The question is, what was the date of the birth of A?
A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.
The question is whether and when A and B were married.
An entry in a memorandum-book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact.
A sues B for a libel expressed in a printed caricature exposed in a shop-window. The question is as to the similarity of the caricature and its libellous character.
The remarks of a crowd of spectators on these points may be proved.
Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
33. Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, 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 subject to the following provisions:
the proceeding was between the same parties or their representatives in interest;
the adverse party in the first proceeding had the right and opportunity to cross-examine; and
the questions in issue were substantially the same in the first as in the second proceeding.
Explanation .—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
Statements made under special circumstances
34. Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
A sues B for $1,000 and shows entries in his account-books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient without other evidence to prove the debt.
—(1) Unless otherwise provided in any other written law, where computer output is tendered in evidence for any purpose whatsoever, such output shall be admissible if it is relevant or otherwise admissible according to the other provisions of this Act or any other written law, and it is —
expressly agreed between the parties to the proceedings at any time that neither its authenticity nor the accuracy of its contents are disputed;
produced in an approved process; or
shown by the party tendering such output that —
there is no reasonable ground for believing that the output is inaccurate because of improper use of the computer and that no reason exists to doubt or suspect the truth or reliability of the output; and
there is reasonable ground to believe that at all material times the computer was operating properly, or if not, that in any respect in which it was not operating properly or out of operation, the accuracy of the output was not affected by such circumstances.
(2) Notwithstanding subsection (1)(a), an agreement expressly made between the parties referred to in that subsection shall not render the computer output admissible in evidence —
in criminal proceedings on behalf of the prosecution if at the time the agreement was made, the accused person or any of the accused persons was not represented by an advocate and solicitor; or
in any proceedings, if the agreement was obtained by means of fraud, duress, mistake or misrepresentation.
(3) A certificate signed by a person holding a responsible position in relation to the operation or management of a certifying authority appointed under subsection (5) and purporting to identify the approved process, including that part of the process that is relevant to the proceedings, shall be sufficient evidence that the process is an approved process for the purposes of this section.
(4) Where the computer output is obtained from an approved process and duly certified as such by a person holding a responsible position in relation to the operation or management of the approved process, it shall be presumed that it accurately reproduces the contents of the original document unless the contrary is proved.
(5) In this section, "approved process" means a process that has been approved in accordance with the provisions of any regulations made by the Minister, by a person or an organisation appointed by the Minister to be a certifying authority under such regulations.
(6) With respect to subsection (1)(c), a certificate signed by a person holding a responsible position in relation to the operation or management of the relevant computer system and —
purporting to identify such output and describing the manner in which it was produced;
giving particulars of any device involved in the processing and storage of such output;
dealing with the matters mentioned in subsection (1)(c),
shall be sufficient evidence of the matters stated in the certificate.
(7) If the person referred to in subsection (6) who occupies a responsible position in relation to the operation or management of the computer did not have control or access over any relevant records and facts in relation to the production by the computer of the computer output, a supplementary certificate signed by another person who had such control or access and made in accordance with subsection (6)(a), (b) and (c) shall be sufficient evidence of the matters stated in the certificate.
(8) If any person referred to in subsection (6) or (7) refuses or is unable for any reason to certify any of the matters referred to in subsection (6) or (7), a certificate signed by another person who had obtained or been given control or access to the relevant records and facts in relation to the production by the computer of the computer output and made in accordance with subsection (6)(a), (b) and (c) shall be sufficient evidence of the matters stated in the certificate.
(9) For the purposes of subsections (3), (4), (6), (7) and (8), it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(10) Any computer output tendered in evidence under this section and duly authenticated shall not be inadmissible as evidence of proof of the contents of the original document merely on the ground that —
certain parts or features of the original document, such as boxes, lines, shades, colours, patterns or graphics, do not appear in the output if such parts or features do not affect the accuracy of the relevant contents; or
it is secondary evidence.
(11) Any person who in a certificate tendered under subsection (3), (4), (6), (7) or (8) in a court makes a statement which he knows to be false or does not reasonably believe to be true shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding 2 years or to both.
—(1) Where a court is not satisfied that the computer output sought to be admitted in evidence under section 35 accurately reproduces the relevant contents of the original document, the court may, in its discretion, call for further evidence.
(2) Where further evidence is called for under subsection (1), such evidence may be produced by an affidavit made —
by a person occupying a responsible position in relation to the operation or management of the certifying authority appointed under section 35(5);
by any other person occupying a responsible position in relation to the operation of the computer at the relevant time;
by the person who had control or access over any relevant records and facts in relation to the production of the computer output;
by the person who had obtained or been given control or access over any relevant records and facts in relation to the production of the computer output; or
by an expert appointed or accepted by the court.
(3) Notwithstanding subsections (1) and (2), the court may, if it thinks fit, require that oral evidence be given of any matters concerning the accuracy of the computer output, and may call a deponent of an affidavit under subsection (2) or any person responsible for a certificate issued under section 35(3), (4), (6), (7) or (8) for this purpose.
(4) In estimating the weight of any computer output admitted under section 35, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the output and, in particular —
whether or not the information which the output reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information, if such contemporaneity is relevant;
whether the supplier of the information or any person involved in the processing of such information had any incentive or motive to conceal or misrepresent the information so supplied.
(5) Without prejudice to subsections (1) to (4), whenever any computer output is proved under section 35, all matters may be proved in order —
to contradict or to corroborate it; or
to impeach or support the credibility of the person by whom it was made, or by whom the information was processed.
(6) Evidence may not be given under subsection (5) of any matter of which, if the person had been called as a witness and had denied that matter upon cross-examination, evidence could not have been adduced by the cross-examining party.
—(1) The Rules Committee constituted under the Supreme Court of Judicature Act (Cap. 322) may make rules to provide for the filing, receiving and recording of evidence and documents in court by the use of information technology in such form, manner or method as may be prescribed.
(2) Without prejudice to the generality of subsection (1), such rules may —
modify such provisions of this Act as may be necessary for the purpose of facilitating the use of electronic filing of documents in court;
provide for the burden of proof and rebuttable presumptions in relation to the identity and authority of the person sending or filing the evidence or documents by the use of information technology; and
provide for the authentication of evidence and documents filed or received by the use of information technology.
37. 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 officer 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.
38. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of Government as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications
39. 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 or Ordinance;
any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth;
any legislation enacted by the legislature of any State of Malaysia; or
any printed paper purporting to be —
the Government Gazette;
the London Gazette; or
the Gazette printed under the authority of the Government of Malaysia or of any State thereof or of the government of any other part of the Commonwealth including, where such part is under both a central government and a local government, any such local government,
is a relevant fact.
40. When the court has to form an opinion as to a law of any country, any statement of the law contained in a book purporting to be printed or published under the authority of the government of the country, and to contain any such law, and any report of a ruling of the courts of the country contained in a book purporting to be a report of the rulings, is relevant.
How much of a statement is to be proved
What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers
41. When any statement of which evidence is given forms part of a longer statement or of a conversation, or part of an isolated document or is contained in a document which forms part of a book or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement and of the circumstances under which it was made.
Judgments of courts of justice when relevant
42. 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 the court ought to take cognizance of the suit or to hold the trial.
—(1) A final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or bankruptcy jurisdiction, 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 —
that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;
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;
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
that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.
44. Judgments, orders or decrees other than those mentioned in section 43 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.
A sues B for trespass on his land. B alleges the existence of a public right of way over the land which A denies.
The existence of a decree in favour of the defendant in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way is relevant, but it is not conclusive proof that the right of way exists.
45. Judgments, orders or decrees other than those mentioned in sections 42, 43 and 44 are irrelevant unless the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act.
A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case or in neither.
A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.
A prosecutes B under section 498 of the Penal Code for enticing away C, A's wife.
B denies that C is A's wife, but the court convicts B.
Afterwards C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife.
The judgment against B is irrelevant as against C.
A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence.
The existence of the judgment is relevant as showing motive for a crime.
A is charged with theft and with having been previously convicted of theft.
The previous conviction is relevant as a fact in issue.
A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.
—(1) Without prejudice to sections 42, 43, 44 and 45, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore shall be admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that he committed (or, as the case may be, did not commit) that offence, whether or not he is a party to the proceedings; and where he was convicted, whether he was so convicted upon a plea of guilty or otherwise.
(2) A conviction referred to in subsection (1) is relevant and admissible unless —
it is subject to review or appeal that has not yet been determined;
it has been quashed or set aside; or
a pardon has been given in respect of it.
(3) A person proved to have been convicted of an offence under this section shall, unless the contrary is proved, be taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence.
(4) Any conviction or acquittal admissible under this section may be proved by a certificate of conviction or acquittal, signed by the Registrar of the Supreme Court or the Registrar of the Subordinate Courts, as the case may be, giving the substance and effect of the charge and of the conviction or acquittal.
(5) Where relevant, any document containing details of the information, complaint, charge, agreed statement of facts or record of proceedings on which the person in question is convicted shall be admissible in evidence.
(6) The method of proving a conviction or acquittal under this section shall be in addition to any other authorised manner of proving a conviction or acquittal.
(7) In any criminal proceedings, this section shall be subject to any written law or any other rule of law to the effect that a conviction shall not be admissible to prove a tendency or disposition on the part of the accused to commit the kind of offence with which he has been charged.
(8) In this section, "Registrar" has the meaning assigned to it in the Supreme Court of Judicature Act (Cap. 322) and the Subordinate Courts Act (Cap. 321), respectively.
46. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 42, 43 or 44, and 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 when relevant
—(1) When the court has to form an opinion upon a point of foreign law or of science or art, or as to the identity or genuineness of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to the identity or genuineness of handwriting or finger impressions, are relevant facts.
(2) Such persons are called experts.
The question is whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant.
The question is whether A, at the time of doing a certain act, was by reason of unsoundness of mind, incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law.
The opinions of experts upon the question whether symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do or of knowing that what they do is either wrong or contrary to law, are relevant.
The question is whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.
The opinions of experts on the question whether the 2 documents were written by the same person or by different persons are relevant.
48. Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant.
The question is whether A was poisoned by a certain poison.
The fact that other persons who were poisoned by that poison exhibited certain symptoms, which experts affirm or deny to be the symptoms of that poison, is relevant.
The question is whether an obstruction to a harbour is caused by a certain sea-wall.
The fact that other harbours similarly situated in other respects but where there were no such sea-walls began to be obstructed at about the same time is relevant.
49. 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.
Explanation .—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.
The question is whether a given letter is in the handwriting of A, a merchant in London.
B is a merchant in Singapore, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A, for the purpose of advising him thereon.
The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.
50. 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.
Explanation .—"General custom or right" includes customs or rights common to any considerable class of persons.
The right of the inhabitants of a particular kampong to use the water of a particular well is a general right within the meaning of this section.
51. When the court has to form an opinion as to —
the usages and tenets of any body of men or family;
the constitution and government of any religious or charitable foundation; or
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.
—(1) 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.
(2) Such opinion shall not be sufficient to prove a marriage in prosecutions under section 494, 495 or 498of the Penal Code (Cap. 224).
(a) The question is whether A and B were married.
The fact that they were usually received and treated by their friends as husband and wife is relevant.
The question is whether A was a legitimate son of B.
The fact that A was always treated as such by members of the family is relevant.
Character when relevant
54. 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.
55. In criminal proceedings, the fact that the person accused is of a good character is relevant.
—(1) In any criminal proceedings, the accused may —
personally or by his advocate ask questions of any witness with a view to establishing directly or by implication that he is generally or in a particular respect a person of good disposition or reputation;
himself give evidence tending to establish directly or by implication that he is generally or in a particular respect such a person; or
call a witness to give any such evidence.
(2) Where any of the things mentioned in subsection (1) has been done, the prosecution may call, and any person jointly charged with the accused may call or himself give, evidence to establish that the accused is a person of bad disposition or reputation, and the prosecution or any person so charged may in cross-examining any witness (including, where he gives evidence, the accused) ask him questions with a view to establishing that fact.
(3) Where by virtue of this section a party is entitled to call evidence to establish that the accused is a person of bad disposition or reputation, that party may call evidence of his previous convictions, if any, whether or not that party calls any other evidence for that purpose.
(4) Where by virtue of this section a party is entitled in cross-examining the accused to ask him questions with a view to establishing that he is such a person, section 122(4) shall not apply in relation to his cross-examination by that party.
57. 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.
Explanation .—In sections 54, 55, 56 and 57, the word "character" includes both reputation and disposition; but, except as provided in section 56, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition are shown.


text:
HarperCollins Australia and New Zealand has announced CEO Michael Moynahan will retire from the company at the end of this month.
The publisher said in a statement that James Kellow, currently commercial director, has been appointed as the new chief executive and will begin in the role on 1 June, following Moynahan's departure. Moynahan plans to return to New Zealand in retirement but HarperCollins said that he will continue in his role as a board director for HarperCollins India until the end of the year.
A spokesperson for HarperCollins told Bookseller+Publisher that an announcement regarding the appointment of a new commercial director will be made in coming weeks.
Moynahan told Bookseller+Publisher that his departure from HarperCollins is a 'genuine retirement' and that he does not plan to stay involved in publishing once he has finished in his role with HarperCollins India at the end of the year. Moynahan said that he is looking forward to moving back to New Zealand to be closer to his family.
Reflecting on his time with the company, Moynahan said that recent growth in the publisher's market share is something that he is 'particularly pleased and proud of'. Moynahan described moving the HaperCollins Australia offices to the Sydney CBD as 'a big plus for the company' and said that the ongoing 'strength' of HarperCollins' list of Australian titles is also a highlight of his time with the publisher. He said he has also been impressed with the 'amount of change' the company has undertaken to position itself in a changing marketplace. Looking forward, Moynahan said that the challenge for HarperCollins will be to 'continue to find the opportunities in an increasingly complex environment while not losing sight of what we do, which is to discover great writing'.
HarperCollins UK and international CEO Victoria Barnsley said in the publisher's statement that 'it is with great regret that we see Michael depart from HarperCollins'. 'His huge energy and experience during four years at the helm have helped move the business to a different level,' said Barnsley. 'In addition, in his other capacity as a board director of HarperCollins India, Michael's knowledge of the Indian publishing market has been invaluable and I welcome his decision to remain on the India board until the end of this year. I am sure I speak on behalf of all the team, both Michael's direct reports and those of us who work with him in HarperCollins' offices around the world, when I say that he will be greatly missed by all of us.'
Moynahan said that HarperCollins Australia and New Zealand 'is a truly great company which I have been very proud to lead'. 'The commitment this company has to its authors, its customers and its people, is second to none,' he said. 'My decision to leave has been a personal one but I leave knowing that this is a truly first-class team. I have greatly enjoyed my time at HarperCollins, in most part because of the people … I want to thank James, Shona, Christine, Malcolm, Tony and the rest of the senior team for their tremendous support over the last few years and in particular wish James the very best in his new role.'
Kellow said that he 'couldn't be more positive' about the company's future. 'Michael has been an inspirational leader over the past four years and has transformed the company,' said Kellow. 'We are now brilliantly placed to go on and achieve so much for our authors, our readers and our people. I'm very much looking forward to building on Michael's contribution and leading this fantastic team to great success.'
As previously reported by Bookseller+Publisher, Moynahan was appointed CEO of HarperCollins Australia and New Zealand in 2008, replacing Robert Gorman who joined Allen & Unwin. Moynahan was previously managing director for Random House India and chairman of Random House New Zealand. Moynahan started his career in publishing at HarperCollins New Zealand in 1988 before moving to Random House. Kellow was appointed to the role of commercial director at HarperCollins Australia and New Zealand in May 2011, after previously holding the role of sales director. Prior to joining HarperCollins in 2008, Kellow held senior sales and marketing positions in the UK with Penguin, Simon & Schuster and Fourth Estate.
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Larry Levan
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Neglected by many because of his early death and lack of recordings,
Larry Levan
is one of the seminal names in dance music, a legendary inspiration during the 1970s and '80s. Influenced by
David Mancuso
's seminal Loft parties, which presaged disco by more than five years,
took his cue and transferred those communal vibes to clubland with one of the most famed night spots ever, the Paradise Garage. For more than ten years,
's garage style was a wildly eclectic mix including any tracks (or parts of tracks) that would make people dance, including Motown and Philly soul, Afro-Cuban and Italian disco to new wave, punk, and classic hard rock. He influenced hordes of hardcore club-goers and a wave of DJs ranging from
Tony Humphries
Paul Oakenfold
. More than anyone,
set the tone for New York disco in the '70s and the garage axis of house music during the '80s. By the '90s, mainstream New York dance swung to a diverse cast of dance artists and mixers, all of whom had in common the one thing that united the records on
's decks: soul.
began his first DJ residency while still a teenager, at a New York club called the Gallery in 1971. Both there and at his next club, the Continental Baths,
worked with (and profoundly influenced) the future godfather of house,
Frankie Knuckles
. After setting up the Soho Place midway through the decade,
joined the Paradise Garage in 1977 and began changing the face of dance music. Unlike other disco clubs around the city (including the notoriously hip, but musically flat Studio 54), the Paradise Garage featured a nightclub built on music, with attendees who were preferential about the music they danced to -- not who they were seen by.
and engineer
Richard Long
supervised construction of what has been called the best sound system ever produced, and spent hours before opening each night to make sure that acoustics, speaker placement, and atmosphere were perfect. To give club-goers the ultimate dance experience, experience used an assortment of subtle tricks; during the night, he would even upgrade the quality of his musical selections and turntable needles until music, mixer, and dancers hit their peak simultaneously. (The Paradise Garage's sound system was so good, in fact, that it was later bought by the London super-club Ministry of Sound, carefully disassembled, shipped overseas, and installed in a new space.)
By the beginning of the '80s, disco's flame had been extinguished by a glut of sub-par recordings and rabid anti-disco movements.
continued playing to an increasingly underground (though still ecstatic) audience. He also began working on studio production as well, recording remixes and special dance versions of pop songs for labels like Salsoul, Prelude, and West End as well as the occasional major label. Though many of his 12" productions were obscurities of the highest order (except in the crates of privileged DJs), tracks by
the Peech Boys
Jimmy Castor Bunch
First Choice
Loleatta Holloway
, and
became certifiable dance classics. By the mid-'80s, the sound of New York/Chicago house music had begun to infiltrate England.
In an ironic twist, however, the man who did much to pave the way for dance music wasn't around during its rebirth. By September 1987, the Paradise Garage had closed its doors. Though
's name appeared on several remixes and productions during the late '80s and early '90s, he spent only a fraction of his time in the studio compared to during his heyday.
returned to the DJing booth on a 1992 trip to Japan with
François Kevorkian
, though later in the year he died from a congenital heart condition, exacerbated by drug use. Only his post-productions were collected on various albums until 2000, when Strut released an eye-opening set titled
Live at the Paradise Garage
John Bush, Rovi
► View More
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More Larry Levan
Garage Classics, Vol. 2
Garage Classics, Vol. 1
Journey into Paradise: The Larry Levan Story
The Definitive Salsoul Mixes '78-'83
Classic West End Records Remixes
Vol. 2-Paradise Garage
Live at the Paradise Garage
Paradise Garage
Larry Levan's Greatest Mixes, Vol. 2
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Sans Flash »
Posted on December 17th, 2008 at 18:12 in Technology.
Achmea is a great example of what can be achieved in terms of a dynamic, moving and animating website without the use of Flash. Believe it or not, this website (apart from, ironically, the opening loading graphic) is achieved entirely with standard html, AJAX techniques and javascript effects.
While there's nothing wrong with Flash at all (our Flash guys are some of the best, in case you're wondering), with a content heavy site like this where search engine indexing is so important it's cool to see what is possible when constrained only to the technology that is built right into the browser.
Of course, whether animation and effects are needed at all on a content heavy site like this is a completely different matter…
Author: The Plant Team
Tags: ajax, Animation, javascript, no-flash
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text:
Surround your feet with warmth and Northwest comfort with the Cloud Nine Men's Sheepskin Moccasin. The supple suede leather upper is hand-laced and completely lined with cozy, warm, genuine sheepskin, one of nature's best insulators. Enjoy their ease and freedom for quick dashes outside with our flexible indoor/outdoor rubber soles. Deep enough to accommodate most custom or personal orthotics. Slippers sized to fit up to a half-size above.
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The purpose of this tutorial is to show you how to install dotProject on your site via the Softaculous auto installer. One of the great things about Softaculous is that it allows you to setup applications really fast. You don't need to go through all steps manually and with just several clicks you will have a fully functional dotProject on your account.
First, you need to access your cPanel account and find the Softaculous icon which is under the "Software/Services" section.
The next step is to click on the Softaculous icon. You will be redirected to a new page which is the auto installer's control panel. From here you can install new applications, create backups, import existing websites, etc. On the left side of the screen is the categories menu. To proceed with the dotProject installation find the Project Management section and click on it to expand. You will see a list of applications that you can install. Find the dotProject link and click on it, so that Softaculous will open the installation screen.
The newly loaded page provides a brief description of the dotProject application and its features. You can also read a review about the platform and rate it. Click on the blue "Install" button:
This is the most important step at which you need to provide more details about the new dotProject website. Some of the fields are automatically filled by Softaculous for your convenience. However, we strongly advise you to review the values of the following crucial configuration parameters:
The last step is to scroll down to the end of the page and click on the "Install" button.
That's it! Your dotProject application is installed and ready to use. The installer will redirect you to a new page where you will see your project platform. You can now login through the admin area and start managing your dotProject web site.


text:
Launch the Configurator
The NGC chromatography system introduces a new level of modularity and usability for protein purification.
Use our interactive NGC configurator to design your ideal chromatography system.
For the best viewing experience, use one of the following browsers: Firefox, Google Chrome, or Internet Explorer version 9.
The new NGC system enables the Fraser Lab to maximize protein purification throughput in their studies of protein translation mechanisms.
NGC medium-pressure chromatography systems offer a single preparative chromatography solution that scales to fit your application and throughput requirements. The modular design of the NGC system provides multiple system configurations, each addressing different requirements. Use the configurator to build your own system and meet your specific workflow and throughput needs.
Launch Configurator
Use the NGC configurator to design your customized NGC medium-pressure chromatography system in three easy steps:
Preconfigured systems are also available and these are easily upgradable as your throughput and automation needs change — simply add new modules.
See how the NGC system benefits University of California researchers by increasing throughput and making it easier for students to become experts at protein purification.
Sorry, an error has occurred. Please try again. If the problem persists, please call {0} for assistance.


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a complete up-to-date listing of all Inside Exhibitors and Flea Market Vendors,
please visit our friends at PCBoard.ca
A Message From
Hamvention® 2013 General Chairman Charles Kaiser, KD8JZR
my belief that every amateur radio operator in the world probably dreams about
making it to the Dayton Hamvention at least once in their lifetime. Possibly
nowhere on earth can one experience first-hand the incredible diversity and
worldwide reach of amateur radio as during this event. From the hundreds of
exhibits featuring the latest equipment and technology, to booths sponsored
by national and international organizations, the incredible variety of items
brought to the extensive flea market, or just the chance to meet in person a
friend first met on the air, it is truly an incredible event and offers something
for everyone.
As the general chairman for Hamvention 2013, I'd like to take this opportunity to offer a special early invitation for you to attend this year's event to be held May 17-19 2013, and assure you that many of the nearly 400 volunteers involved in supporting the annual gathering are already hard at to work to make this yet another outstanding event sponsored by the Dayton Amateur Radio Association (DARA.) And whether you're a first-timer or a regular, I hope to see you there!
Charles - KD8JZR
General Chairman
Department of
Homeland Security's Office of Emergency Communications To Provide Training
In Conjunction With Hamvention® 2013
Registration is now CLOSED - The Course Is FULL - Thank You for
Your Interest!! Students requesting to attend the DHS Auxiliary
Communications Course must meet all pre-requisites and provide electronic/scanned
images of required documents at the time of registration. To submit your registration
request, send an e-mail to:
Your e-mail will need to include the following:
You will receive an e-mail confirming receipt of your request. If you do not receive confirmation, send a follow-up inquiry to the above e-mail address to check on the status. The e-mail response you receive will come from a different e-mail address from the one above.
Only those students on the pre-approved registration list will be able to attend the training. The session is limited to 50 students and the registration process will be closed when that number of qualified students is reached. Any questions may also be sent to the above e-mail address.
***It should be noted that the instructors conducting the course will also be giving a forum at Hamvention® 2013 regarding the use of trained amateur radio operators as backup communicators in an NIMS/ICS emergency operations environment.***
The Department of Homeland Security's Office of Emergency Communications (OEC) will be on hand at Hamvention® 2013 to conduct their nationally recognized NIMS/ICS compliant Auxiliary Emergency Communications course. The course will be held prior to Hamvention®, 14-16 May 2013 in the Dayton area as part of Hamvention® 2013.
The OEC workshop is designed for auxiliary emergency communicators who volunteer to provide backup emergency radio communications support to public safety and emergency response professionals and their agencies. Typically includes amateur radio communicators from groups such as MARS, ARES, RACES, SATERN, etc. Volunteer emergency communications operators/groups have been providing back-up emergency communications to the public safety community for nearly a century. They are routinely used by event planners and emergency managers at all levels of government. On numerous occasions amateur radio services have been used reliably when other forms of communications have completely failed or have been severely disrupted. Today nearly all the States/territories have incorporated some level of participation by amateur radio auxiliary communication operators into their communications interoperability plans.
The course focuses on auxiliary communications interoperability, emergency operation center etiquette, on-the-air etiquette, FCC rules and regulations, auxiliary communications training and planning, certification and accreditation and emergency communications deployment. It is intended to supplement and standardize an operator's basic knowledge of emergency amateur radio communications in a public safety context.
Prerequisites for attendance include:
• Successful completion of IS-100.b, IS-200.b, IS-700.a, and IS-800.b
prior to the workshop (copies of certificates will need to be scanned and emailed
to the lead instructor no later than 14 days after registering. Details on this
will be forthcoming.)
• At least have a General class FCC license, active for the past three
years or more (a copy of your license will be requested at the start of the
• Documented past experience in auxiliary emergency communications in
an EOC type environment
• A desire to learn how to work with COMLs in a NIMS/ICS environment
This will be an intensive three day course with including facilitated lectures and student exercises. This course provides scheduled time for interactive discussions and exercises. Normally this class is limited to 30 students, but for Hamvention this is being expanded to 60 attendees.
Course content:
• Introduction
• The Communications Unit and the Emergency Operations Center (EOC)
• AEC Roles and Responsibilities
• Interoperable Communications
• Incident Communication
• Incident Radio Communications Plan
• Incident Communications Center
• Team Management and Accountability
• Resources
• Intrastate and interstate radio networks
• Final exercise exam
One-Day Technician Class Amateur Radio License Course At Hamvention®
Full day course to get your Technician Class Amateur Radio License right at Hamvention®, the same day!
When: Saturday 9:00 AM until 4:00 PM; Exam 4:00-5:00 PM.
Where: In the Hallway behind the Main Arena. See the Inside Exhibits booth map.
This is a full day training class for the Technician Class Amateur Radio License. STUDENTS MUST PRE-ENROLL PRIOR TO CLASS. Upon enrollment, students will receive a course book, workbook and access to on-line pre-study materials. Everything will be taught in class, along with several exciting demonstrations of amateur radio. Exams will be conducted at the conclusion of class. This leaves time on Sunday to do some last minute radio shopping!
Go to http://www.hamclass.net/hamvclass.htm for course details and enrollment information.
Does your club or government organization have an emergency communications vehicle to display at Hamvention®?
Contact Gary Hollenbaugh (NJ8BB), Emcomm Unit Coordinator through this URL:
Dayton Hamvention® Balloon Launch Images
High-Resolution - 1,000'
High-Resolution - 3,000'
High Resolution - 7,000'
High-Resolution - 10,000'
High-Resolution - Burst
Height High-Resolution
Want to see the balloon launch this year? Be sure to attend the balloon launch forum!
This year's balloon will carry a slow-scan video transmitter using Scotty-2 format on 144.360. Received video will be displayed in the Midwest VHF/UHF Society booth, SA-332 during the flight. Come watch!
Email firstname.lastname@example.com
for exhibits questions.
Email firstname.lastname@example.com
for flea market questions.
Email firstname.lastname@example.com for forum
Email email@example.com for media
Email email@example.com for
tickets questions.
Email firstname.lastname@example.com with any
other questions!
D-Star Information
The Dayton D-STAR gateway will be linked to D-Extra X-Reflector XRF038C during Hamvention weekend. D-Plus REF038C will also be available for the weekend. Both compliments of the Northern Ohio Digital Interconnect Group (NODIG). Use 446.1000 Digital Code Squelch CSQL use #13 as a D-Star simplex frequency at Hamvention®.


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The daily lowdown on books, publishing, and the occasional author behaving badly.
Virginia's attorney general Ken Cuccinelli will face former Democratic National Committee chairman Terry McAuliffe in November to become Virginia's 72nd governor.
Help keep the conversation civil. Please refer to our Terms of Use and Code of Conduct before posting your comments.


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- Alternative capitalization of DC
WordNet 3.0
- n. an electric current that flows in one direction steadily
- n. the district occupied entirely by the city of Washington; chosen by George Washington as the site of the capital of the United States and created out of land ceded by Maryland and Virginia
"On trouTera Vers la fin dc la Preface quelques reflexions fur les Druides dc»"
"ThinkProgress can only do 12 things at once. well, they only have three postings today, the first one about the human rights commission and d.c. fails to mention a more significant finding of the same commission regarding the war-crimes of the bush administration. i guess we can debate whether a congressperson in dc is more significant in the long run than the world community again telling us that we have a psychopath in the white house†¦ and, in general, i have seen several comments on their lack of coverage on the israeli invasion of lebanon. i just have to wonder why, that†™ s all†¦"
"Does any one know of any good resources in dc for adult literacy materials?"
"Corporate insurance salespeople are making a LOT of false and misleading claims. mike in dc says:"
"Perhaps he can have a night at the Blair House as well. — nonsense in dc"
"Blago will announce his resignation; given his track record, this notion seems fanciful, at best! — nonsense in dc"
Illinois House Impeaches Blagojevich - The Caucus Blog - NYTimes.com
"REAL AMERICAN CITIZENS are fed up with the malignancy of corruption in dc!"
"September 8th, 2009 7: 28 pm ET snowe is just one of the 98% in dc who DO NOT represent the people! bozo the obama"
"There is probably only 10% of the politicians in dc that I would half way trust and the other 90% are merely the scum of the earth!"
"Screw those un-American Republican Nazis and get on with the bill already. disgusted in dc"
'dc' hasn't been added to any lists yet.
Looking for tweets for dc.


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CeraVe Facial Moisturizing Lotion
Reviewed by 5 customers
Sort by
Displaying reviews 1-5
Comments about CeraVe Facial Moisturizing Lotion:
I have very sensitive skin with rosacea, and am prone to clogged pores. This moisturizer is amazing at taking care if my skin and not clogging pores at all. In the winter it's perfect for day and night. During the summer I use something lighter during the day, and use this at night. I really can't say enough good thing about it!
- Absorbs Quickly
- Clear skin
- Dermatologist recommended
- Moisturizes Well
- No breakouts
- No fragrance
- Not Greasy
- Reasonable price
- Softens Skin
Best Uses
- After Shower/Bath
- Deep Moisturization
- Dry/Chapped Skin
- Winter Dryness
Comments about CeraVe Facial Moisturizing Lotion:
This is the best. I've tried the expensive brands and would get horrible cystic acne but I also have dry skin. My dermatologist recommended this brand and I have no more cystic acne as long as I use this lotion and stay away from the other brands.
I'm in my early 40s and my skin easily passes for 30s. I do stay out of the sun and I love that SPF is already in this product.
I like the way this really absorbs into my skin but it isn't heavy or sticky. After about a minute, I can use my mineral foundation and it goes on perfectly.
The one thing that is odd about this product is that no one seems to know about it. Most people I've told what I use assume I use it because it is cheap. I love the fact that it is inexpensive but that's not why I use it. I use it because it works and that is the most important element.
- Absorbs quickly
- Gentle
- Higher Spf Than Most
- Improves Skin Texture
- Leaves Clean Feel
- Less Wrinkly Eye Area
- Not Greasy
Best Uses
- All Skin Types
- Daily Use
- Dry Skin
- Sensitive Skin
- Super Dry Skin Improved
Comments about CeraVe Facial Moisturizing Lotion:
I am getting older (mid 50's) and have always had dry skin. This past year, it has become super dry, sensitive and the dry indoor heat during a Great Lakes winter has been brutal on my skin. The sensitivity was making it hard for me to find skincare products that worked and didn't make me feel like I needed to use a flame extinguisher(LOL the site won't let me use the word for flame!) on my face! I was in Ulta and saw this. The label says it uses ingredients that are time released. The deciding factor was the spf 30 sunscreen in it. When the snow melts, we will be out on our bikes again and I need sunscreen! Spf 30 is the minimum amount you should use and most creams are spf 20. Plus they feel funky on dry, sensitive skin.
How does it work? Well, it is different. Not greasy and not conventionally "emollient" but it does make my skin look and feel better. It is softer and more pliable. I am starting to get wrinkly/crepey eyelids and I carefully put this on and let it absorb before applying primer/eyeshadow (besides all over my face). It has really helped! I quit wearing foundation and use tinted moisturizer or a BB cream and a cream blush. Conventional creams are too slick for the makeup to stay on, but the CeraVe reduces the wrinkles, give me sunscreen and doesn't cause the makeup to slide right off. At night a put it on and put a more emollient nightcream (budget friendly) over it for extra oomph. In the last couple of weeks, I have had 2 people come up and say that I looked younger and thinner! I will take that all day long! I have bought every kind of moisturizer-expensive, products from "parties", department stores and even used to use creamy petroleum jelly on my face and nothing has ever worked. I have even noticed that I look better and I am usually very critical. I know this review is long, but if you have gone through what seems like every cream out there and end up giving it away like I have, you want honest, detailed opinions. I hope this helps!
Comments about CeraVe Facial Moisturizing Lotion:
economical and very effective
- Absorbs Quickly
- Goes On Smoothly
- Long Lasting
- Moisturizes Well
- Not Greasy
- Softens Skin
Best Uses
- After Shower/Bath
- Bedtime
- Deep Moisturization
- Dry/Chapped Skin
- Winter Dryness
Comments about CeraVe Facial Moisturizing Lotion:
LOVE this moisturizer!!! I have dry, sensitive, and rosacea prone skin, this keeps it calm and moisturized at night. If I get a flare up in the day this will calm it and make my skin smooth again. Love it and highly recommend it!
Displaying reviews 1-5


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811 Raw Vegan Fruit Nerds Meetup Group - http://www.meetup.com/811-Raw-Vegan-Fruit-Nerds-Meetup-Group/
Started by Amanda Moratis. Last reply by B for B on Friday. 12 Replies 0 Likes
Hi Guys,Wondering if anyone in Melbourne knows or is part of a co-op? I have ordered before through organic online delivery services before (tried 3 of them) but find i am always…Continue
Started by Gordon Lindberg. Last reply by Food from the trees Feb 23. 1 Reply 0 Likes
It's interesting to me to note as I progress in this lifestyle that its so easy to get a serve of animal flesh or rubbish cooked food but if you want to get HC vegan its difficult let alone HC RAW.…Continue
Started by Bianca Milione Oct 15, 2012. 0 Replies 0 Likes
Hello, we are looking to find a new housemate and we need a vegan! And it would be awesome for me if we found a fruity vegan.We are in the middle of Northcote, near Fruit Pedellars and Naturally on…Continue
Started by RASHID AHMED. Last reply by Bianca Milione Oct 15, 2012. 3 Replies 0 Likes
Does anyone know where can one buy fresh dates in bulk in your area?Continue
Where do you get your fruit?
I get mine from working on saturdays at pinos in parhan market.
Just wondering where the rest of the fruit munchers in Melbourne get their stocks of fruit.
Currently working 1 day / week at the Parhan market and getting paid in fruit =) highly reccomended if your poor like me but love the fruits.
Hey Sapote' here, u guys can't get much wholesale fruit can u? only way to deal with that is to dumpster dive sometimes, if u message me I can forward the locales & good times for bins around the city, including maybe the best bin I know in the world for raw food, anyway nice to be a member, cheers Sapote.
I know Cosco at Docklands does Medjool Bard valley dates for around 10$/kg. I asked if they could do any cheaper for a bulk order.... but a bulk order is 1 whole pallet!! Only downside of Cosco is that it costs $60 / year to be a member. But you save alot on common household items.
General Notice : Dandenong Woolworths (across from the markets) are doing Bard Valley dates at $9.50 per kg. I am not associated with Woolworths, and the dates are not organic. They are however at the right price. :)
You too Alison!! thanks for saying hey!! xx
Was good to meet you today Bonnie (aka SummerSalt) :D
Hi SummerSalt, I will look for you! Am planning to be there today :)
Hey Melbourne Peeeeps.... anyone going to the Mind Body Spirit festival this weekend? If so I'd love to meet some raw foodies. I'll be working at the Peninsula Hot Springs booth on Sunday some come say Hi x
Let's do a meetup in the next few weeks shall we? Any preferences for locations or activities?
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