TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 34

(c)

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refugees have not been detained under these provisions since the mid-1980s.

They are, we believe, unusable and

therefore no longer a deterrent.

Section 13A(4) of the Ordinance provides

the necessary powers for dealing with

troublemakers;

sections 171 (4) and 17N (employment of

illegal immigrants): both these

provisions make presumptions

inconsistent with Article 11(1) of the

BOR() which guarantees the

presumption of innocence.

We propose

reducing the burden of proof by enabling defendants to rebut the presumptions by adducing evidence to the contrary rather than, as now, having to prove the contrary. In this way, we aim to remove the conflict with the BOR without

excessively compromising our ability to bring successful prosecutions;

Note (5) :

Article 11(1) reads: "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law."

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