TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 183

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A. Corruption Prevention

B. Immigration

control

Possible Inconsistencies between Existing Legislation

and the Bill of Rights

Legislstion

Nature of Problem

ICCPR/BOR Reference

Prevention of Bribery Ordinance

Immigration Ordinance

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Powers conferred by the Ordinance upon the operational staff of the ICAC in relation to search, seizure and detention, during the course of i investigation. Section 10, in particular, which makes it an offence for a Crown servant to be in possession of unexplained assets which are

disproportionate to his means, would appear to violate the presumption of innocence.

Most of the problems arise from the fact that under the Ordinance decisions are taken by the executive branch of Government instead of the judiciary, for example in respect of deportation and

removal orders. Others include onu's of proof of innocence on defendants, discrimination on the basis of different ethnic/nationality status, powers of officials in respect of arrest and detention,

machinery for handling appeals against deportation decisions, etc.

ICCPR article 14(2); BOR article 11(2).

ICCPR articles 13 and 26; BOR articles 9 and 23.

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