Designation of approved landing places.
Travel docu- ment to bear visa.
Presumptions.
Evidence of
certain acts
under
Ordinance.
34
Immigration or in respect of visas or any other matters arising under this Ordinance;
(d) generally for the better carrying out of the purposes of
this Ordinance.
56. The Governor may by order designate the places which shall be approved landing places for the purposes of this Ordin-
ance.
57. (1) Subject to subsection (2) and without prejudice to any other provision of this Ordinance, a travel document shall not be valid for the purposes of this Ordinance unless it bears a visa which was issued by or on behalf of the Director of Immigration and is in force on the date on which the person to whom the travel document relates arrives in Hong Kong.
(2) The Director of Immigration may exempt from subsec- tion (1) any person or any class or description of person.
58. (1) For any of the purposes of this Ordinance, an immigrant who does not produce an identity card relating to himself when required to do so by an immigration officer or police officer shall be deemed, until the contrary is proved, to have landed in Hong Kong unlawfully.
(2) For any of the purposes of this Ordinance, an immigrant who is on board a ship proceeding through the waters of Hong Kong shall be deemed to be seeking to land in contravention of section 33(1)(a) unless it is proved that—
(a) he was a member of the crew of the ship;
(b) he is ordinarily resident in Hong Kong;
(c) he was in possession of a valid travel document, entry
permit or re-entry permit; or
(d) the ship was leaving Hong Kong.
59. (1) Any document purporting to be-
(a) a removal order or a deportation order signed by the
Governor or the Clerk of Councils; or
(b) a copy of a removal order or a deportation order cer- tified by the Colonial Secretary or the Clerk of Councils to be a true copy of the removal order or deportation order,
shall be admitted in evidence in any proceedings on its production without further proof, and until the contrary is proved it shall be presumed that the removal order or deportation order was made against the person named and on the date specified therein.
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(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;
Burden of proving certain matters.
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