Explanatory Memorandum
This Bill amends the Societies Ordinance so that it will be
consistent with the Hong Kong Bill of Rights Ordinance (Cap. 383).
2.
The existing requirement for societies to be registered or
exempted from registration to gain lawful status is considered
incompatable with the right of freedom of association which the Bill
of Rights seeks to protect. This Bill seeks to replace the
registration system with a notification system. After these
proposed amendments, people can form lawful societies freely without
the requirement for registration and subject only to a requirement
to notify the existence of such societies. As there is no further
requirement for registration of societies, the office of the
Registrar of Societies is renamed the Societies Officer. Less
information is required to be submitted on notification than
previously required to be submitted under the registration system.
Certain presumptions in relation to societies will be strictly
confined to unlawful or triad societies.
3. Clause 2 amends the long title to enable the registration
system to be replaced by a notification system. Clause 3 amends
certain definitions. Clause 4 provides for the appointment of the
Societies Officer and Assistant Societies Officers.
4. Clause 5 repeals the provisions concerning registration and
substitutes new provisions regarding notification. Proposed new
section 5 sets out the requirement for notification of establishment
of societies and branches thereof. A power is however given to the
Secretary for Security to prohibit the operation of a society if he
believes that such operation will be prejudicial to the security of
Hong Kong, public safety or public order (new section 8).
Certain