Hong Kong Regulations

REGISTRATION OF PERSONS REGULATIONS - REGULATION 21

Burden of proof

(Past version on 30/06/1997).

(1) Subject to regulation 22, the burden of proving the truth of-

   (a)  the contents of any written application for an identity card; or

   (b)  the contents of the identity card which are particulars furnished
        under regulation 4(1)(b) by the applicant for the identity card, shall
        lie on-

   (c)  the applicant;

(d ) the person to whom the identity card has been issued; or

   (e)  any other person alleging the truth of such contents. (9 of 2003 s.
        16)

(2) If, in any proceedings with reference to any decision or act done or
proposed to be done by a registration officer under any of these regulations,
a person claims-

   (a)  that he enjoys the right of abode in Hong Kong; or

   (b)  that he is entitled to a permanent identity card, the onus of proving
        the same shall lie on that person. (L.N. 178 of 1987)