(f)
(g)
(h)
42
entering or remaining in a billiard or pool saloon;
entering premises or remaining on premises then occupied for the purpose of a martial arts association; and
possession of a paging machine;
under imposition of a further penalty, for a period of at least two years thereafter, or after release from detention.
5.35
Imposition of the prohibition would need to be mandatory and comprehensive in order to be effective. It would be up to the courts to prescribe the length of the prohibition but it could be a minimum of two years. There could also be a device whereby the prohibition order could be discharged at the discretion of a High Court Judge on application by the Attorney General, say, if the prohibited person were to give evidence for the Crown. In order to work effectively, the courts would need to impose realistic sentences for breaches of the prohibition order. If a person was convicted three times for breaching one prohibition order, there could perhaps be a mandatory prison sentences of no less than six months.
Advantages and disadvantages
It
5.36 Advantages These prohibitions would be a mark of society's dislike of triad affiliation. has the effect of deglamourising triad affiliation. Each prohibition has an additional utility. Each one would help to prevent triad members from working in illegal gambling or vice. The common apprenticeship for a triad fighter is as a "bouncer" in a club, massage parlour or billiard saloon. Barring a young man from billiard halls, massage establishments, games centres and martial arts meetings would reduce his chances of parading his triad allegiance. Lastly possession of a paging machine is now an indispenable tool for criminality. The options would not have significant manpower implications for the Police as they regularly patrol such establishments.
5.37
Disadvantages The measures are clearly harsh. They represent a severe curtailment on the personal liberty of those affected and would bar the individual from enjoying, in some cases, legal pleasure. The mandatory nature of the sentences suggested will be repugnant to the Judiciary, which, nevertheless, will need to be convinced that the measures are necessary.