TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 151

Telegram No.

to

Tel/1C (Cont.)

THE DRAFT LEGISLATION SINCE ITS INCLUSION

CONSIDERABLE BURDEN ON SHIPOWNERS.

PRIRASE

INCLUDED (opetused

371 (3)(b) ARE

COULD PLACE A

IN THE EVENT

THAT THE

WE SUGGEST THAT THE DEFINITIONS AT

DRAFTED AS

ALTERNATIVES RATHER THAN

A DOUBLE CRITERIA

AS AT PRESENT.

B) SECTION 37 (I) (2) PLACES THE

BURDEN OF PROOF ON

THE SHIPOWNER

CLEARLY

THIS IS NOT ONLY

IN

•

CONTRADICTON

of OF THE

BRINGS FORWARD THE

GENERAL PRESUMPTION OF INNOCENCE

BUT ALSO PLACE A PRACTICAL PROBLEM OF

CRITERIA FOR PROOF.

DECIDING THE

DOT CONSIDERS

THIS PROVISION

TO BE HIGHLY OBJECTIONABLE, IN THE EVENT THAT IT IS

ACCEPTED WE SUGGEST THAT THE PROVISOS AT

2(a) (b) (c) SHOULD BE DRAFTED

AS ALTERNATIVES

RATHER THAN TRIPLE CRITERIA AS AT PRESENT.

DO NOT TYPE ON REVERSE OF THIS FORM

Signature of Originator

EACH SHEET to be signed by the Originator

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