Section 190Part 8 — Co-operation
Evidence in relation to proceedings and orders in a foreign country
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For the purposes of external confiscation, a certificate purporting to be issued by or on behalf of the appropriate authority of a foreign country stating —
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, in that foreign country;
that an external confiscation order is in force and is not subject to appeal;
that all or a certain amount payable under an external confiscation order remains unpaid in the foreign country, or that o ther property recoverable under an external confiscation order remains unrecovered there;
that any person has been notified of any proceedings in accordance with the law of the foreign country; or
that an order (however described) made by a court o f the foreign country has the purpose —
of recovering property obtained as a result of or in connection with conduct to which this Act applies or the value of property so obtained; or
of depriving a person of a pecuniary advantage so obtained, sha ll, in any proceedings in the Grand Court, be admissible as evidence of the facts so stated.
In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a foreign country, shall be admissible as evidence of any fact stated therein.
A document is duly authenticated for the purposes of subsection (2) if it purports to be certified by any person in that person’s capacity as a judge, magistrate or officer of the court of the foreign country, or by or on behalf of the appropriate authority of the foreign country, to have been received in evidence or to be a copy of a documen t so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
Nothing in this section shall prejudice the admission of any evidence, whether contained in any document or other wise, which is admissible apart from this section.