Page:Computer Misuse Act 1993.pdf/10

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10

NO. 19 OF 1993



Jurisdiction of Courts

9. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act.

Order for payment of compensation

10.—(1) The court before which a person is convicted of any offence under this Act may make an order against him for the payment by him of a sum to be fixed by the court by way of compensation to any person for any damage caused to his computer, program or data by the offence for which the sentence is passed.

(2) Any claim by a person for damages sustained by reason of the offence shall be deemed to have been satisfied to the extent of any amount which has been paid to him under an order for compensation, but the order shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation paid under the order.

(3) An order of compensation under this section shall be recoverable as a civil debt.

Evidence from computer records

11.—(1) Notwithstanding sections 35 and 36 of the Evidence Act (Cap. 97), in any proceedings under this Act, any relevant computer output shall be admissible as evidence of any fact stated therein if it is shown—

(a) 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; or
(b) that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the output or the accuracy of its contents.