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And there is no specified penalty. Furthermore, section 34 does not give the Registrar power to demand that an oath be taken, nor does it empower the Registrar to demand answers to his questions. The powers in this section are intended for, inter alia, use by the Police for information collecting against the triads. But there does not appear to have been a prosecution for obstruction under section 34 (5) or making a false statement under section 34(6), though it is doubtful whether suspected triad affiliates would answer truthfully. Section 34 is thus in practice of little use.
Option
6.45
The option is to redraft section 34. The amendments would require creation of an offence of failing truthfully to answer the questions of the Registrar. If the questioning took place on oath this might be under section 32 of the Crimes Ordinance, Chapter 200. If the questioning was not on oath it could be penalised by section 36 of the same Ordinance. Failing to answer the Registrar or his assistant should also be punishable.
The grant of an immunity by the Attorney General would prevent the privilege against self-incrimination being raised to frustrate the enquiry. Consideration could also be given to the Registrar being a person independent of the Police Force.
Advantages and disadvantages
6.46
Advantages
The word "Society" is widely defined in section 2 of the Societies Ordinance, Chapter 151, and could include any criminal conspiracy. Thus, it is an investigative tool that could also be employed against areas of criminal activity other than triad societies and organised crime. These other areas include "white collar" crime and some forms of corruption. The powers of the Registrar are not only to investigate the participants in criminal conspiracies but also its existence and operations: [section 34 (1)].
It may thus be used as an investigative tool to examine victims and reluctant witnesses. It may also be used to gather information from triad figures, although section 34 (6) prevents that information from being used directly against the individual who gave it.
6.47
The fact of the matter is that the investigation of organised crime is continually frustrated by victims and witnesses being afraid to give information to the Police or to give evidence on behalf of the prosecution. The options outlined above would greatly assist in overcoming those problems.