TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 230

A360

Ord. No. 55/71.

IMMIGRATION

IMMIGRATION

Ord. No. 55/71.

A361

Burden of proving certain matters.

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 25(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.

64. If-

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

or in any other proceedings under this Ordinance; or

(ix) is a person to whom section 38(1)(a) does not apply by

virtue of an order under subsection (3) of that section,

the onus of proving the same shall lie on that person.

65. Any sum of money due under a recognizance entered into in accordance with a requirement under section 11(8) or section 36(1) may be recovered in the District Court as a debt due to the Crown.

66. The Ordinances specified in the First Schedule are amended in the manner specified therein.

67. The Second Schedule shall have effect for the purposes of transition to the provisions of this Ordinance from the provisions of the Ordinances hereby repealed.

FIRST SCHEDULE.

REPEALS AND AMENDMENTS.

Ordinance.

136 Mental Health Ordinance,

Chapter.

177

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

proposed to be done under this Ordinance,

224

Police Supervision

Ordinance.

a person claims that he-

(i) is a Hong Kong belonger;

(ii) is not an alien;

(iii) is a United Kingdom belonger;

(iv) is a resident United Kingdom belonger;

(v) is a Chinese resident;

(vi) has been ordinarily resident in Hong Kong for three years

or more than three years;

(vii) 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;

(viii) is an alien to whom section 14(1) or section 16(1) does

not apply:

[s. 66.]

Registration of Persons

Regulations.

Repeal or amendment.

Section 53(2) is amended by deleting paragraph (f) and substituting the following-

"(f) detained in any place by virtue of the Immigration Ordinance 1971.".

Regulation 20 is revoked.

1. Section 2 is amended by inserting the following definition after the definition of "court"-

""deportation order" means a deportation order under the Immigration Ordinance

1971;".

2. Section 3 is amended by deleting subsections (1) and (2) and substitu- ting the following-

"(1) Where the Governor in Council is satisfied that a de- portation order may be made against any person, he may, in lieu of making the deportation order, make a police supervision order against that person.

Recovery of moneys due under recognizance.

Repeals and amendments.

First Schedule.

Transitional provisions.

Second Schedule.