1964_IMMIGRATION_ORDINANCE — Page 85

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CAP. 115]

Immigration

[1989 Ed.

64. Burden of proving certain matters

If

(a) in any proceedings for an offence under this Ordinance or in any other proceedings under this Ordinance; or

(b) in any proceedings with reference to any act done or proposed to be done under this Ordinance,

a person claims that he

(i) is a Hong Kong permanent resident; (Amended 31 of 1987 s. 26)

(ii) is not an alien;

(iii)-(iv) (Repealed 78 of 1982 s. 11)

(v) (Repealed 31 of 1987 s. 26)

(va) is a British citizen; (Added 78 of 1982 s. 11)

(vb) is a United Kingdom belonger; (Added 78 of 1982 s. 11. Amended 31 of 1987 s. 26)

(vc) is a resident British citizen; (Added 78 of 1982 s. 11)

(vd) is a resident United Kingdom belonger; (Added 78 of 1982 s. 11. Amended 31 of 1987 s. 26)

(ve) is a British Dependent Territories citizen; (Added 78 of 1982 s. 11)

(vf) (Repealed 31 of 1987 s. 26)

(vi) has been ordinarily resident in Hong Kong for 3 years or more than 3 years;

(vii) is exempt from any provision of this Ordinance or belongs to a class or description of persons who are exempt from any provision of this Ordinance;

(viii) is an alien to whom section 14(1) or 16(1) does not apply;

(ix) is a person to whom section 38(1)(a) does not apply by virtue of an order under subsection (3) of that section,

the onus of proving the same shall lie on that person.

65. Recovery of moneys due under recognizance

Any sum of money due under a recognizance entered into in accordance with a requirement under section 11(8) or 36(1) or (3) shall be recovered in the District Court as a debt due to the Crown, notwithstanding that the amount is in excess of $20,000.

66. Transitional provisions

(Amended 52 of 1976 s. 6)

Schedule 2 shall have effect for the purposes of transition to the provisions of this Ordinance from the provisions of the following Ordinances repealed by this Ordinance, namely (Amended 78 of 1982 s. 12)

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