200. (1) Where it appears to the court that any testimony may be vitiated by an improper act, the testimony is not admissible unless -

(a) it is shown to the court that the testimony is not so vitiated; or

(b) the court directs that the testimony be admissible notwithstanding that it is or may be so vitiated.

(a) the testimony reports information obtained for use as evidence (whether or not obtained also for any other purpose) by an improper act; or

(b) the testimony reports information discovered or ascertained for use as evidence (whether or not discovered or ascertained also for any other purpose) by any search or inquiry suggested by, or arising out of, any information, or thing, obtained by an improper act, whether or not the search or inquiry is also suggested by, or arises out of, any other information, or thing.

(a) it is shown to the court that the document was not so procured; or

(b) the court directs that the document be admissible notwithstanding that it was or may have been so procured.

(a) is obtained by means of an improper act; or

(b) is obtained by any search or inquiry suggested by, or arising out of, any information or thing obtained by an improper act, whether or not the search or inquiry is also suggested by, or arises out of, any other information or thing.

(a) an act illegal under the law of the place where the act is done, whether criminal, tortious, in breach of contract or trust, or otherwise;

(b) a deception;

(c) a threat;

(d) an unfair advantage taken of tiredness, shock, intoxication, illness, hunger, thirst or other bad state of mind or body, tending to bear on the reason or will of a person;

(e) secret eavesdropping, secret telephone-tapping or other secret means of seeing, hearing or otherwise perceiving any conduct of any person intended by him to be private; or

(f) an act otherwise unfair or oppressive.

(a) the court shall be guided by the public interest, including where relevant the public interest in -
(i) upholding the law;

(ii) protecting people from illegal or unfair treatment;

(iii) punishing those guilty of crime; and

(iv) seeing that court proceedings are not determined in the absence of relevant evidence; and

(b) may have regard to all relevant matters including -
(i) the seriousness of any offence in the course of investigating which an improper act occurred or may have occurred;

(ii) the extent to which any improper act may be excusable for the purposes of this section by reason of any need to preserve life or property, or to prevent injury to person or property, or to prevent the commission of any offence;

(iii) the urgency and difficulty of detecting the person responsible for any offence in the course of investigating which the improper act occurred;

(iv) the urgency of the need to preserve evidence of the offence in the course of investigating which the improper act occurred;

(v) the nature, deliberateness and seriousness of the improper act;

(vi) the frequency of similar improper acts;

(vii) the extent to which the matter improperly obtained might have been properly obtained;

(viii) the importance of the evidence in the legal proceeding;

(ix) the extent to which an improper act has led to punishment of the person responsible or has otherwise been remedied; and

(x) the reliability of the testimony or document as evidence.

(8) This section does not affect the law restricting the admission in evidence of an admission or confession by reason of the circumstances of the making of the admission or confession.

(9) Save as mentioned in this section, a court shall not refuse to admit evidence on the ground that it was illegally, improperly or unfairly obtained.

(10) Subject to subsection (9), this section does not affect the operation of any other enactment or rule of law by which a court must or may refuse to admit evidence.