Offences relating to renunciation applications

SOCIETIES (AMENDMENT) (NO. 2) BILL 1988

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months.

(3) Nothing in this section shall prohibit the disclosure of information required to be disclosed under this Ordinance or for instituting and prosecuting criminal proceedings under section 26M.

26M. (1) Any person who-

(a) in an application made under section 26D(1); or

(b) in an examination by the Tribunal,

makes a statement which he knows to be false or does not believe to be true, or recklessly makes a false statement is guilty of an offence and liable on conviction to a fine of $50,000 and to imprisonment for 2 years.

(2) Any person who, in proceedings before the Tri- bunal, impersonates another person is guilty of an offence and liable on conviction to a fine of $50,000 and to imprison- ment for 2 years.

(3) If a person is convicted of an offence under subsec- tion (1) or (2)-

(a) any renunciation is void; and

(b) any proceedings stayed by the issue of a certificate

by the Tribunal may continue.

(4) If no further step is taken in proceedings stayed by a certificate issued by the Tribunal for a period of 5 years, these proceedings shall cease with neither a conviction nor acquittal being recorded.".

Explanatory Memorandum

The purpose of this Bill is to establish the Triad Renunciation Tribunal as a means to enable triad members to renounce membership of triad societies. The Tribunal is established by new section 26A in clause 3 of the Bill.

2. Under new section 26B the Governor shall appoint the Chairman. and members of the Tribunal.

3. A person who is or believes that he is a triad society member may apply to the Tribunal under new section 26C for a declaration that he has been admitted to membership of a triad society.

4.

New section 26D prescribes the form of application which is to be supported by a statutory declaration. The new section also provides for the applicant to give his finger-prints for identification.

5.

The procedure before the Tribunal is set out in new section 26E. It allows the Tribunal to examine the applicant and other persons appearing before it on oath or affirmation.

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