WEDNESDAY, MAY 13, 1992
40
SOCIETIES ORDINANCE TO BE AMENDED
THE GOVERNMENT ANNOUNCED TODAY (WEDNESDAY) THAT THE SOCIETIES ORDINANCE WILL BE AMENDED TO MAKE IT CONSISTENT WITH THE HONG KONG BILL OF RIGHTS (BOR) ORDINANCE.
WHICH
THE SOCIETIES ORDINANCE IS ONE OF THE SIX ORDINANCES HAD BEEN EXEMPTED FROM THE OPERATION OF THE BOR FOR ONE YEAR. THE ONE-YEAR FREEZE PERIOD IS DUE TO EXPIRE NEXT MONTH.
A GOVERNMENT SPOKESMAN SAID THE PROPOSED AMENDMENT WOULD PROTECT THE FREEDOM OF ASSOCIATION WHILE AT THE SAME TIME RETAINING A DEGREE OF REGULATION OVER SOCIETIES AS A CRIME PREVENTION MEASURE AND IN THE INTERESTS OF SECURITY, PUBLIC SAFETY AND PUBLIC ORDER AS PERMITTED UNDER THE BOR.
UNDER EXISTING LEGISLATION, SOCIETIES ARE REQUIRED ΤΟ BE REGISTERED TO GAIN LAWFUL STATUS. THIS REQUIREMENT IS CONSIDERED TO BE INCOMPATIBLE WITH THE RIGHT TO FREEDOM OF ASSOCIATION AS SET OUT IN THE BOR.
"
"THE SOCIETIES (AMENDMENT) BILL 1992 SEEKS TO REPLACE THE EXISTING REGISTRATION SYSTEM WITH A NOTIFICATION SYSTEM,' THE SPOKESMAN SAID.
THE PROPOSED AMENDMENTS ENABLE PEOPLE то FORM LAWFUL SOCIETIES FREELY WITHOUT THE REQUIREMENT FOR REGISTRATION. THEY ARE ONLY REQUIRED ΤΟ NOTIFY THE GOVERNMENT OF THE EXISTENCE OF SUCH SOCIETIES.
FAILURE TO NOTIFY WILL BE AN OFFENCE, BUT SOCIETIES WHICH DO NOT COMPLY WITH THE NOTIFICATION REQUIREMENT WILL NOT AUTOMATICALLY BE REGARDED AS UNLAWFUL.
"WHEN A SOCIETY NOTIFIES THE GOVERNMENT OF ITS ESTABLISHMENT, IT IS ONLY REQUIRED TO GIVE ITS NAME, ITS OBJECTS, 1TS ADDRESS AND THE NAMES OF ITS OFFICE BEARERS," THE SPOKESMAN SAID.
HE ADDED THAT UNDER THE PROPOSED LEGISLATION, THE SECRETARY FOR SECURITY COULD PROHIBIT THE OPERATION OF A SOCIETY IF HE BELIEVED THAT SUCH OPERATION WOULD BE PREJUDICIAL TO THE SECURITY OF HONG KONG, PUBLIC SAFETY OR PUBLIC ORDER.
THESE GROUNDS FOR PROHIBITION ARE COMPATIBLE WITH THE BOR AND THEIR SCOPE IS MUCH NARROWER THAN THE EXISTING POWER WHICH THE REGISTRAR OF SOCIETIES HAS FOR REFUSING THE REGISTRATION OF A SOCIETY.
UNDER THE PROPOSED AMENDMENTS, CERTAIN PRESUMPTIONS RELATION TO SOCIETIES WOULD BE LIMITED IN THEIR APPLICATION.
IN
THE PRESUMPTION OF EXISTENCE OF A SOCIETY WHERE ANY BOOKS, ACCOUNTS, WRITINGS, LISTS OF MEMBERS, SEALS, BANNERS OR INSIGNIA OF A SOCIETY ARE FOUND IN POSSESSION OF ANY PERSON WOULD APPLY то TRIAD SOCIETIES ONLY.
/THE PRESUMPTION