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6.
SOCIETIES (AMENDMENT) (NO. 2) BILL 1988
Persons shall not be entitled to representation before the Tribunal under new section 26F. Parents and guardians of children seeking renuncia- tion may appear.
7. If the Tribunal determines that an applicant has been admitted to membership of a triad society and is not currently under active police investigation or subject to criminal proceedings for offences under sections 19 to 23 of the Societies Ordinance, it may administer an oath or affirmation of renunciation under new section 26G.
8. New section 26H provides for a certificate of the Tribunal to stay proceedings for certain specified offences. New section 261 requires a court or magistrate before whom a person has been convicted of specified offences to call for a certificate from the Tribunal as to whether the defendant has in the previous 5 years renounced membership. The court or magistrate is required to take into account if the convicted person has previously taken advantage of the renunciation proceedings within the time specified in assessing an appropriate penalty. This section also allows the applicant to request the Tribunal to issue certificates to a court or magistrate, the Commissioner of Police or the Commissioner of Correctional Services relating to his application before it. Section 26J provides for certificates to be accepted as proof of their contents.
9. Records are to be destroyed under new section 26K if the Tribunal finds that the applicant is not a triad member or has not committed a specified offence. The same section requires records to be kept if the Tribunal finds that the applicant is a triad member or has committed a specified offence. New section 26L requires the records to be kept confidential.
10. New section 26M creates 2 offences. The first relates to false statements before the Tribunal and the second relates to impersonating another in proceedings before the Tribunal. This section also deals with the continuance and cessation of stayed proceedings in certain circumstances.
11.
The Tribunal secretariat will require 8 Public Service staff posts and the Tribunal will have a full time Chairman and part time members. The annual cost of salaries, accommodation and other expenses will be approximately $3.3 million.