TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 76

CUNFIDENTIAL

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. Не ргорозе

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."

CONFIDENTIAL

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