Section 57
of Evidence Act
Section 57
(1)
The court shall take judicial notice of the following facts —
(a)
all laws or regulations having the force of law now or heretofore, in force or hereafter to be in force, in any part of Brunei
Darussalam;
Evidence
B.L.R.O. 4/2014 49
(b)
all public Acts passed or hereafter to be passed by
Parliament, and all local and personal Acts directed by Parliament to be judicially noticed;
(c)
articles of war for the Armed Forces or any visiting forces lawfully present in Brunei Darussalam;
(d)
the course of proceedings of Parliament and of the
Legislative Council;
Explanation — The word “Parliament” in paragraphs (b) and (d)
means —
(i)
The Parliament of the United Kingdom of Great
Britain and Northern Ireland;
(ii)
The Parliament of the United Kingdom of Great
Britain and Ireland;
(iii)
The Parliament of Northern Ireland;
(iv)
The Parliament of Great Britain;
(v)
The Parliament of England;
(vi)
The Parliament of Scotland; and
(vii)
The Parliament of Ireland prior to the 1st day of
January, 1801;
(e)
the accession of His Majesty the Sultan and Yang
Di-Pertuan;
(f)
the accession and the sign manual of the Sovereign for the time being of the United Kingdom;
(g)
all seals of which Brunei Darussalam courts take judicial notice, the seals of all the courts of Brunei Darussalam, the seals of courts of Admiralty and maritime jurisdiction and of notaries public, and all seals which any person is authorised to use by any law in force for the time being in Brunei Darussalam;
(h)
the accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any part of Brunei Darussalam, if the fact of their appointment to such office is notified in the Gazette;
Evidence 50
(i)
the existence, title and national flag of every State or
Sovereign recognised by His Majesty the Sultan and Yang
Di-Pertuan;
(j)
the ordinary course of nature, natural and artificial divisions of time, the geographical divisions of the world, the meaning of Malay and English words, and public festivals, fasts and holidays notified in the Gazette;
(k)
the Commonwealth countries;
(l)
the commencement, continuance and termination of hostilities between Brunei Darussalam or any part of the
Commonwealth and any other State or body of persons;
(m)
the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and solicitors and other persons authorised by law to appear or act before it;
(n)
the rule of the road on the land, sea regulations and the rules of the air;
(o)
all other matters which it is directed by any written law to notice.
(2)
In all these cases, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference.
(3)
If the court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it considers necessary to enable it to do so.
Facts admitted need not be proved.