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No. 8 of 1920.
3
01
Offences and penalties.
No. 8 of 1920.
SOCIETIES.
(b) is being used, or is likely to be used, for unlawful purposes or for purposes incompatible with the peace and good order of the Colony, or
(e) is by reason of its actions or proceedings calculated to excite tumult or disorder in China or to excite persons to crime in China.
(2) Every society so declared to be unlawful shall, without prejudice however to the operation of section 3, be deemed to be an unlawful society as from the publication in the Gazette of the order in council declaring the society to be unlawful.
5. (1) Every person who assists in any way whatsoever in the management of an unlawful society shall upon sum- mary conviction be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding twelve months.
(2) Every person who incites, induces, or invites another person to become a member of, or to assist in the manage- ment of, au unlawful society, and every person who uses any violence, threat or intimidation towards any other person in order to induce him to become a member of, or to assist in the management of, an unlawful society shall upon summary conviction be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding twelve months.
(3) Every person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall upon summary conviction be liable to a fine not exceeding five hundred dollars and to imprison- inent for any term not exceeding six months.
(4) Every person who is a member of an unlawful society, or who without lawful excuse is present at a meeting of an unlawful society, or who pays money or gives any aid to or for the purposes of an unlawful society, shall upon summary conviction be liable to a fine not exceed- ing five hundred dollars and to imprisonment for any term not exceeding six months.
(5) Every person who knowingly allows an unlawful society to use any place belonging to or occupied by him or over which he has control, shall upon summary conviction be liable to a fine not exceeding five hundred dollars and to imprisonment for any period not exceeding six months.
SOCIETIES.
(6) Every person who contravenes any provision of this Ordinance in respect of which no specific penalty is provided shall upon summary conviction be liable to a fine not exceed- ing two hundred and fifty dollars and to imprisonment for any term not exceeding three months.
seizure, and forfeiture.
6.-(1) Whenever it appears to a magistrate upon the oath Search, arrest, of any person that there is reasonable cause to suspect-
(a) that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held or is about to be held in any place; or
(b) that any books, accounts, lists of members, writings, banners, insignia, seals, or other things, whatsoever, belong- ing to, or connected with, or intended to be used for the purposes of, an unlawful society, are to be found in any place; or
(e) that any place is being or has been used, or is about to be used, for the purposes of an unlawful society; or
(d) that any evidence of the existence of an unlawful society is to be found in any place,
the magistrate may, by warrant directed to any public officer, empower such officer and his assistants to enter and searcli such place, by day or by night, using force if necessary.
(2) Such officer and his assistants may seize and detain any books, accounts, lists of members, writings, banners, insignia, seals, or other things, which appear to belong to, or to be connected with, or to be intended to be used for the purposes of, an unlawful society, or which may appear to indicate the existence of an unlawful society, and may arrest any person found on such place or escaping therefrom and may detain any such person until he can conveniently be brought before a magistrate.
(3) The powers conferred by a warrant issued under sub- section (1) may be exercised without warrant by any justice of the peace or by any public officer accompanied by a justice of the peace.
(4) No person shall resist or obstruct any such search, arrest or seizure.
(5) It shall be lawful for a magistrate to forfeit any thing duly seized under any power conferred by or under this section.