Where can I find the Parliamentary debates for the Evidence Act 1950?

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asked on Jul 18, 2023 at 10:59
Hi, in need of dire help.
Regarding the Evidence Act 1950 [particularly section 73(A)(1)(ii)], how can I find Hansard documents for it?

The Evidence Act 1950 was purportedly enacted pre-establishment of the Malaysian Parliament (and the Country's independence for that matter)... so presumably it was enacted by the British.

Is there anywhere that I can find the debates on this Act? I'm researching the intention behind the enactment of section 73(A)(1)(ii).

FYI: The Malaysian Evidence Act 1950 is based off India's version of the same name (1872)... but I can't find a provision that resonates with the Malaysian version.

Please, anyone, have any idea?
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4 Answers
answered on Jul 19, 2023 at 01:15
edited Jul 19, 2023 at 01:19
by   jeff005
section 73(A)(1)(ii)

Admissibility of documentary evidence in civil cases, etc. 

73A. (1) Notwithstanding anything contained in this Chapter, in any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied: 

(a) if the maker of the statement either— 

(i) had personal knowledge of the matters dealt with by the statement; or 056(special )

Evidence 55 

(ii) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have had, personal knowledge of those matters; and 

(b) if the maker of the statement is called as a witness in the proceedings: 
Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success.

Was there any debate at all? since it was enacted in 1950.. mana ade parliament pun? Malaisiya belum lahir lagi..
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answered on Jul 20, 2023 at 10:03
That's what I was wondering too... So the law was just enacted, by the British, like that? 
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answered on Jul 20, 2023 at 15:38
So the law was just enacted,

Nope, most of the laws was adopted from the British Common Laws.

Didn't ur law lecturer informed ur class?
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answered on Jul 31, 2023 at 14:09
Unfortunately, not that I know of. I'll be sure to bring it up with them. Thank you for your clarification. 
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