1949-HKRS28-8-16_Part03 — Page 6

Authenticated Laws 確真本香港法例 All

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Information m be

(2) If at the expiration of such three months the Registrar is satisfied that the society has ceased to exist, n notification to that effect shall be published in the Gazette, and the society shall be deemed to have ceased to exist from the date of such publication.

T. (1) The Registrar may, at any time, by notice under his hand, order any exempted society or registered society to furnished by furnish him in writing with-

societies.

Persons responsible for supplying information.

Unlawful societies.

(a) a true and complete copy of the constitution and rules of any such society in force at the date of such order;

(b) a true and complete list of office-bearers and members of any such society residing in the Colony or present therein at the date of such order;

(c) a true and complete return of the anmber of meetings held by any such society in the Colony within the period of six months immediately preceding such order, stating the place or places at which such meetings were held;

(d) such other information as may be prescribed.

(2) An order given under the preceding sub-section shall specify the time within which being not less than seven days) the information shall be supplied: Provided that the Registrar may, on application made to him and on good cause being shown, grant an extension of time at his discretion.

8. (1) The obligations imposed upon exempted ancieties and registered societies by section 7 of this Ordinance shall be binding office-bearer and upon every person managing or upon every assisting in the management of any such society in the Colony: Provided always that any such office-bearer or other person us aforesaid shall not be so bound unless he has been served with the order given by the Registrar.

(2) If any exempted society or registered society fails to comply with the whole or part of any order given under section 7 of this Ordinance, each of the persons mentioned in the preceding sub-section who has been served as aforementioned shall be liable on suminary conviction to a fine not exceeding five hundred dollars unless he establishes to the satisfaction of the court that he has exercised due diligence and has failed to comply with the order for reasons beyond his control.

(3) Tf any information supplied to the Registrar în com- pliance with an order given under sertion 7 is false, incorrect, or incomplete in any material particular, the person who has supplied such information shall be liable on summary conviction to a fine of five hmudred dollars unless he establishes to the satis- faction of the court that he had good reason to believe that the information was true, correct and complete.

9. Every local society, not being a registered society or an exempted society, shall be deemed to be an unlawful society.

on office.

10. Any office-bearer and any person managing or assisting Penalties in the songement of any unlawful society shall be liable on bearer sunimary conviction to a fine not exceeding three thousand dollars and to imprisonment for a term not exceeding three years.

of

an unlawful society.

11. Any person who is or acts as a member of an unlawful Penalties on society or attends a meeting of an unlawful society shall be liable member of

unlawful on summary conviction to a fine aut exceeding one thousand dollars society. and to imprisonment for a term out exceeding one year.

unlawful

12. Any person who knowingly allows a meeting of an Persona unlawful society, or of members of an qulawful society, to be held allowing in any house, building or place belonging to or occupied by him, society on or over which he has control, shall be liable on summary conviction premises, to a fine not exceeding one thousand dollars and to imprisonament for a term not exceeding one year.

13. In any proceedings under this Ordinance-

(a) where it is proved that a club, company, partnership, or association is in existenna, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Ordinance unless the contrary is proved;

(b) it shall not be necessary for the prosecntion to prove that a society pussosses a name, or that it has been constituted or is usually known under a particular name;

(c) where it is alleged that a society is an unlawful society, the burden of proving that it is a registored society, or un exempted society, or that it is not a local society, shall be on the person charged.

Presumptions,

14. (1) Where any books, accounts, writings, liste of mem- Presumption bers, seals, banners or insignia of or relating to or purporting to of member- relate to any society are found in the possession of any person, woriety.

ship etc.. 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 axistence at the time such books, accounts, writings, liste of menbors, seals, banners or insignia ure so found.

(2) Where any books, accounts, writings, lists of mem- bers, 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.

15. (1) Every society, whether it is exempted or registered Society using or not, which uses a Triad ritual shall be deemed to be un unlawful a Triad ritual to be deemed society.

on unlawful (2) Any person who is or ucts as a member of a Triad society, Society or attends a meeting thereof or is found in possession of or having the custody or control of any books, accounts, writings, lists of members, seals, banners or insignia of or relating to any Triad Society or branch of a Triad Society, whether such society

Offences.

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