1988 Ed.]
Societies
[CAP. 151
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(c) where it is alleged that a society is an unlawful society, the burden of proving that it is a registered society, or an exempted society, or that it is not a local society, shall lie on the person charged.
Presumption of membership, etc., of society
28. (1) Where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to or purporting to relate to any society are found in the possession of any person, it shall be presumed, until the contrary is proved, that such person is a member of such society, and such society shall be presumed until the contrary is proved, to be in existence at the time such books, accounts, writings, lists of members, seals, banners or insignia are so found.
(2) Where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to any society are found in the possession of any person, it shall be further presumed, until the contrary is proved, that such person assists in the management of such society.
(3) When it appears to a magistrate that there is reasonable cause to suspect that any place or premises entered or searched under any power conferred by or under this Ordinance was, immediately before or at the time of such entry, being used by or for the purposes of an unlawful society, any person found in such place or premises at any time during such search or found leaving therefrom immediately before or at the time of such entry, shall unless he gives a satisfactory account of the reasons for his presence in the said place or premises, be presumed to be a member of the unlawful society. (Replaced, 31 of 1957, s. 5. Amended, 36 of 1982, s. 15)
Activities of a society before registration
29. (1) No society shall carry on any activities until the society has been registered or exempted from registration under this Ordinance save only such activities as are necessary to enable the society to complete the establishment of the society and to apply to the Registrar for such registration or exemption from registration. (Amended, 36 of 1982, s. 15)
(2) Any member of a society which contravenes the provisions of this section shall be guilty of an offence and on conviction on indictment shall be liable to a fine of $5,000 and to imprisonment for 6 months. (Amended, L.N. 19/87)
Governor in Council may order dissolution of any registered or exempted society
(Replaced, 28 of 1961, s. 13)
30. (1) The Governor in Council may, in his discretion, order that any exempted society or registered society be dissolved where he is satisfied that any such society is being used for purposes prejudicial to or incompatible with peace, welfare or good order in Hong Kong. (Amended, 30 of 1988, s. 4)
(2) Notification of every such order shall be published in the Gazette, and shall be affixed in a conspicuous manner on any building occupied by such society and at the nearest police station of the police district in which such building exists.