CUNFIDENTIAL
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. Не ргорозе
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."
CONFIDENTIAL
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