Enclosure No.4
A BILL
To
Amend the Immigration Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Immigration (Amendment) Short title, Ordinance 1977.
2. The principal Ordinance is amended by adding after section 63 Addition of the following new section—
"Evidence by certificate.
new section 63A.
63A. Where in any proceedings a person is charged (Cap. 115.) with aiding, abetting, counselling or procuring, or with conspiracy to aid, abet, counsel or procure, the commission by another of an offence under section 38(1), a certificate purporting to be signed by the Director and certifying that that other person-
(a) has not the right to land in Hong Kong under
section 8(1),
(b) is not a person who, by virtue of section 9(1) or 10(1), may land in Hong Kong without the per- mission of an immigration officer, and
(c) has not been given permission to land in Hong
Kong under section 11,
shall be admitted in evidence on its production without further proof and-
(i) until the contrary is proved it shall be presumed that the certificate was signed by the Director; and (ii) the certificate shall be prima facie evidence of the
facts contained therein.".
Explanatory Memorandum
New section 63A introduced into the principal Ordinance by clause 2 of this Bill provides for the proof of status of persons to be established by a certificate of the Director of Immigration in proceed- ings for aiding, abetting, counselling or procuring the commission of or conspiracy to aid, abet, counsel or procure the commission of an offence by those persons under section 38(1) of the principal Ordinance.
J. W. D. HOBLEY, Attorney General.