TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 48

4

9.8.

You asked in

Reference..

minute about the difference

your between "endence" and "prod". If a defendant has to "prove" something to the contrary, s/he must

intime on the balance of

prove it to be entire probabilities; but to necessary to

evidence

/

"adduce evidence" it is

arly

offer one admissible piece of

ever

if

its probative value is

slight.

much lower hurdle for

The latter is therefore

а

defendants than the farmer.

10.Я.

Para

8(e)

I

ретаю

be made into the activities of other persons is "arbitrary",

that detention of departees for enquires to agree

and therefore contray to Article 5(1) B&R, and should be deleted.

However, the

power retained is still very wide. It permits indefinite executive detention in that the security for security may

Secretty

issue warrants for periods of sever

There is no

time limit

and no

days at a time. provision for appeals

CODE 18-77

of any

beth with

)

kind. This would

appear

to be inconsistent

of the fal

Article 5(1) and with 5(4), which

entitles detainees to take proceedings before a court- to challenge the lawfulness of their detention,