associations which are not "societies" at all for the purposes of the Ordinance, because they have been declared to be political
associtaions under paragraph (1) of the definition of society in section 2. In the first place there might be criticism of the Governor in Council if he refused to make an order in re spect
of an association which is undoubtedly political, even if its activities may be prejudicial to public order. As paragraph (f) stands, it may be contended that the only duty of the Governor in Council in considering whether to make an Order is to ascertain whether the association is or is not political,. I suggest therefore, that the paragraph should expressly give the Governor in Council discretion. It might perhaps read -
"any association which the Governor shall be
satisfied is a political associtaion and shall, in his discretion, declare by Crder in Council not to be a society for the purposes of this Ordinance".
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It may perhaps be thought that such a provision is not required at all in addition to section 4(1) which cuables the Registrar to exempt from registration, though the position of a society which is exempted under section 4 le not the same as that of an association which is not a society at all, and therefore entirely outside the Ordinance, because it has been declared a political association,
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In
The above point affects ell three territories, Singapore there is an additional difficulty affecting the proposal that, where an association hag already been excluded by order under paragraph (f) the order should be revoked, Under Section 7 of the Interpretation. Ordinance the Governor in Council is given power to revoke soy Order Âu Council;
but it might possibly be argued (a) ( not with much conviction) that revocation in this case would not alter the fact that the association has been declared a political association, and therefore would not change the status of the society for the purposes of the Ordinance; and (b) (with considerable force). that, as suggested above, the Governor in Council 38 concerneâ for the purposes of paragraph (f) only with the queation of fact whether un association le political, and that having made the Order he cannot revoke it unless he is bona fide satisfied that the association has ceased to be political; If the paragraph were repealed, the Orders would of coures cease to have effect; but if it is to remain, I suggest, in addition to the amendment proposed above, that a provision should be added to the effect that an Order under the paragraph shall cease to have effect if the Governor in his discretion shell by Order in Council revoke the Order.
Pinally, there is a weakness in section 484) in that it is not clearly stated to whom it is to "appear" that the society is likely to be used for unlawful purposes, etc. It might be held that the right of uppeal to the Governor in Council under section 6. being permissive, does not prevent the Registrar's decision being challenged in the courts, and that
in that event it is open to the court to reach its own conclusion. This might be very embarrassing for the Governaert,
as they would be called upon to produce their evidence. would perhaps suffice to insert "to him" after the word "appears"
it
As regards the Declaration of Human Rights, I agree Mr. Galsworthy and have nothing to add to hic mibute, Enda
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