Enclosure No.5.

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG, 26th June, 1920.

REPORT ON ORDINANCE No.

8 of 1920.

66

1.

I have examined the accompanying Ordinance intituled

An Ordinance to amend the law relating to societies, and I am

of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions.

2.

The object of this Ordinance is to repeal the Societies

Ordinance, 1911, which has not proved satisfactory in practice,

and to substitute a simpler system based on the Triad and Unlawful

Societies Ordinance, 1887.

3. The Societies Ordinance, 1911, failed to give the

increased control expected, it probably drove several undesirable

societies underground, in some cases it gave a fictitious respect-

ability to doubtful societies on the border line, it supplied a

technical defence to any action brought by an unregistered society,

however desirable the society might be, and it perforce cast the

net too widely and included a great many societies that required

no governmental regulation whatever.

4.

Attention is drawn to section 7, which deals with evidence.

It is believed that the presumptions are necessary, that they are

not too violent, and that they will not work any injustice in

practice. Sub-section (5) is unusual but has some precedent in

Ordinance No.2 of 1889, s. 26(4). The work specifically mentioned

has long been recognised as an authority on the subject of the Triad

Society.

5. A table is appended showing the correspondence between the

sections of the Ordinance and the sections of the two previous

Ordinances.

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