CONFIDENTIAL
010534 MDLIAN 7785
HKC 241/4
TOP COPY Q DIST?
CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C 0
TELNO 148
OF 171015Z
JANUARY 92
AND TO PRIORITY PEKING
© HKC 241/1
OUR TELNO 56: BILL OF RIGHTS:
REVIEW OF LEGISLATION:
PROPOSED AMENDMENTS TO SOCIETIES ORDINANCE
THE SOCIETIES ORDINANCE IS ONE OF THE SIX ORDINANCES SUBJECT TO THE FREEZE PERIOD OF THE BILL OR RIGHTS (BOR) ORDINANCE. WE NEED TO EFFECT THE NECESSARY AMENDMENTS TO THIS ORDINANCE TO ENSURE COMPLIANCE WITH THE BOR BEFORE 8 JUNE 1992.
2.
THE SOCIETIES ORDINANCE REQUIRES ALL SOCIETIES, OTHER THAN THOSE REGULATED UNDER OTHER ORDINANCES AND A FURTHER LIMITED CATEGORY OF EXEMPTED ASSOCIATIONS, TO REGISTER WITH THE COMMISSIONER OF POLICE (CP) WITHIN 14 DAYS OF THEIR ESTABLISHMENT. SOCIETIES WHICH FAIL TO DO SO ARE UNLAWFUL AND LIABLE TO PROSECUTION. THE COMMISSIONER OF POLICE HAS DISCRETION TO REFUSE TO REGISTER ANY SOCIETY FOR A NUMBER OF SPECIFIED REASONS, INCLUDING WHERE, AFTER CONSULTATION WITH THE CHIEF SECRETARY, HE IS SATISFIED THAT THE SOCIETY IS CONNECTED WITH ANY ORGANISATION OR GROUP OF A POLITICAL NATURE ESTABLISHED OUTSIDE HONG KONG. THE ORDINANCE DATE BACK TO 1949: ITS AIMS WERE TO CURB THE ACTIVITIES OF TRIAD SOCIETIES AND OF POLITICALLY SUBVERSIVE GROUPS.
3.
WE HAVE CONCLUDED THAT THE PRESENT REGISTRATION SYSTEM AND THE WIDE DISCRETION TO REFUSE REGISTRATION PROVIDED FOR UNDER THE ORDINANCE ARE AN INFRINGEMENT OF THE RIGHT TO ''FREEDOM OF ASSOCIATION'' AS GUARANTEED BY ARTICLE 18 OF THE BOR ORDINANCE, NOTWITHSTANDING THE RIGHT OF APPEAL TO THE GOVERNOR-IN-COUNCIL AGAINST A DECISION OF THE CP.
WE CONSIDER IT NECESSARY, HOWEVER, TO RETAIN SOME FORM OF CONTROL ON THE ACTIVITIES OF BODIES AND ASSOCIATIONS BOTH TO COMBAT CRIMINAL, IN PARTICULAR TRIAD, ACTIVITIES, AND IN THE INTERESTS OF SECURITY, PUBLIC SAFETY, PUBLIC ORDER ETC. AS PERMITTED UNDER ARTICLE 18. WE THEREFORE PROPOSE TO MODIFY THE ORDINANCE TO REMOVE ALL PROVISIONS RELATED TO THE REQUIREMENT TO APPLY FOR REGISTRATION, AND REPLACE THEM WITH NEW PROVISIONS
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