TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 198

C314

Burden of proving certain matters.

IMMIGRATION BILL

(2) A certificate purporting to be made for the purposes of this subsection and to set out-

(a) a requirement made in writing under section 4(1), (3) or

(6), section 11(3) or section 13(1);

(b) directions given in writing under section 4(7) or section

20(1); or

(c) any exemption granted under section 4(8), section 5(9) or section 12(2) to any class or description of persons,

and purporting to be signed by the Director of Immigration shall be admitted in evidence in any proceedings 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 of Immigration and that the requirement was made or the directions given to the person named and on the date specified in the certificate or that the exemption was granted and was in force on the date so specified, as the case may be; and

(ii) the certificate shall be prima facie evidence of the

requirement, directions or exemption.

(3) A certificate purporting to be made for the purposes of this subsection and to set out directions given in writing under section 21(2) and purporting to be signed by the Director of Immigration shall be admitted in evidence in any proceedings on its production without further proof, and-

(a) until the contrary is proved, it shall be presumed that the certificate was signed by the Director of Immigration and that the directions were given to the person named and on the date specified in the certificate; and

(b) the certificate shall be prima facie evidence of the

directions.

60. If-

(a) in any proceedings for an offence under this Ordinance;

or

(b) in any other proceedings with reference to any act done

or proposed to be done under this Ordinance,

a person claims that he-

(i) was born in Hong Kong;

(ii) is not an alien;

(iii) is exempt from any provision of this Ordinance or belongs to a class or description of persons who are exempt from any provision of this Ordinance;

•

}