1964_IMMIGRATION_ORDINANCE — Page 84

1989 Ed.]

Immigration

[CAP. 115

83

(a) until the contrary is proved, it shall be presumed that the certificate was signed by the Director of Immigration and that the directions were given to the person named and on the date specified in the certificate; and

(b) the certificate shall be prima facie evidence of the directions.

63A. Evidence by certificate

Where in any proceedings a person is charged with an offence under section 38(4) or 39 or with aiding, abetting, counselling or procuring, or with conspiracy to aid, abet, counsel or procure, the commission by another of an offence under section 38(1), a certificate purporting to be signed by the Director and certifying that that or any other person- (Amended 61 of 1979 s. 8)

(aa) does not enjoy the right of abode in Hong Kong; (Added 31 of 1987 s. 25)

(a) has not the right to land in Hong Kong under section 8(1);

(b) is not a person who, by virtue of section 9(1) or 10(1), may land in Hong Kong without the permission of an immigration officer or immigration assistant; and (Amended 15 of 1980 s. 10)

(c) has not been given permission to land in Hong Kong under section 11,

shall be admitted in evidence on its production without further proof and-

(i) until the contrary is proved it shall be presumed that the certificate was signed by the Director; and

(ii) the certificate shall be prima facie evidence of the facts contained therein.

(Added 47 of 1977 s. 2)

63B. Admissibility of copies of records

A document purporting to be a copy of the records or part of the records kept by the Director and purporting to be certified as a true copy thereof by the officer having custody of the records shall be admissible in evidence in criminal or civil proceedings before any court on its production without further proof and-

(a) until the contrary is proved, the court before which such document is produced shall presume-

(i) that the document is certified by such officer; and

(ii) that the document is a true copy of the records or part of the records to which it refers; and

(b) such document shall be prima facie evidence of all matters contained therein.

(Added 61 of 1986 s. 4)