(c)
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refugees have not been detained under these provisions since the mid-1980s.
They are, we believe, unusable and
therefore no longer a deterrent.
Section 13A(4) of the Ordinance provides
the necessary powers for dealing with
troublemakers;
sections 171 (4) and 17N (employment of
illegal immigrants): both these
provisions make presumptions
inconsistent with Article 11(1) of the
BOR() which guarantees the
presumption of innocence.
We propose
reducing the burden of proof by enabling defendants to rebut the presumptions by adducing evidence to the contrary rather than, as now, having to prove the contrary. In this way, we aim to remove the conflict with the BOR without
excessively compromising our ability to bring successful prosecutions;
Note (5) :
Article 11(1) reads: "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law."
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