TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 78

CONFIDENTIAL

9 -

purpose is probably "arbitrary" in terms

of Article 5(1) of the BOR, insofar as

detention relates to someone else's

activities. We propose amending them so

that people may only be detained for

enquiries into their own activities; and

(f)

sections 37K(1) and (2) (standards of

proof and the presumption that a person

is an unauthorized entrant, or the owner

of a vessel carrying an unauthorized

entrant) : in their existing form, these

sections make presumptions which are

inconsistent with the presumption of

innocence guaranteed in Article 11(1) of

the BOR. To remove this inconsistency,

we have proposed amendments which will

enable defendents to rebut the

presumptions by adducing evidence to the

contrary.

9.

Other changes in the Bill are consequential.

CONFIDENTIAL

10