1949-HKRS29-8-16_Part02 — Page 47

Appointment

"exempled society" means any society for the time being exempted from registration by an order of exemption made under this Ordinance;

"registered society" means any society for the time being registered under this Ordinance;

"prescribed" means prescribed by rule made under this

Ordinance;

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"local society" means any society organised and establish- ed in the Colony or having its headquarters or chief plane of business in the Colony, and includes any society dleened to be established in the Colony by virtue of section 4 of this Ordinance;

"olice-bearer" of a society means any person who is the president, or vice-president, or secretary or treasurer of such society, or who is a member of the committee or governing body thereof, or who holds in such society any office or position analugons to any of those mentioned above;

"Registrar" means the officer appointed as Registrar of Societies for the Colony;

"Assistant Registrar" moans an officer appointed as au Assistant Registrar of Societies for the Colony.

3. The Governor may appoiut by name or office an officer of Registrar to be Registrar of Societies for the Colony, and officers to be al Societies, styled Assistant Registrars of Societies.

Sacieries deenved to be citah. lished in

the Colony.

Registration of societies.

4. A society shall be decmod to be established in the Colony, although it is organised and has its headquarters of chief place of business mutside the Colony, if any of its office-bearers or mem- bers resides in the Colony or is present therein, or if any person in the Colony mudages or assists in the management of such society or solicits or collects money or subscription in its beball':

Provided that no society shall be deemed to be so established, if and so long a--

(w) it is organised and is operating wholly outside the

Colony; and

(b) no office, place of business or place of meeting is maintained or used in the Colony by such society or by any person in its behalf; and

(c) no register of members of such society is kept in the

Colony; and

(d) no subscriptions are collected or solicited in the Colony by the society or by any person in its behalf,

5. (1) Every local society shall in munner prescribed maka application to the Registrar for registration under this Ordinance..

(2) The Registrar may order that any local society shall be registered or be exempted" from registration under this Or- dinance.

(3) Where the Registrar is satisfied that a local society is a branch of or is affiliated or connected with any organisation

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or group of a political nuture established outside the Colony, he shall refuse to register it and where it appears to him that any local society is likely to be used for unlawful purposes or for any purpose prejudicial to or incompatible with peace, welfare or good order in the Colony, he shall refuse to register it.

(4) Where the Registrar agrees to register a local society under this Ordinance, he shall forthwith enter or cause to he entered in a register kept for the purpose the particulars given in the application form and the date of his order directing regis- tration. The register may be searched and examined by any person during the usual office hours on application made to the Registrar or to an Assistant Registrar.

(6) The Registrar may, in his discretion, rescind at any time any exemption granted by him under sub-section (2) of this section if he is satisfied that it is expedient so lo do on the ground that the society concerned is affiliated or connected with any organisation or group of a political nature established outside the Colony or on the ground that such society is likely to be used for unlawful purposes or for any purpose prejudicial to or incom» patible with peace, welfare or good order in the Colony.

Any such rescission shall be notified in the manner provided by sub-section (2) of section 16 of this Ordinance: Provided that, notwithstanding section 9 of this Ordinance, the society concerned shall not be deemed to be an unlawful society until thirty days have elapsed from the date of the notification and such society hus failed to obtain registration under this Ordinance within that period.

(0) The Registrar may, in his discretion, cancel at any time, the registration of any society effected under sub-section (4) of this section if he is satisfied that it ia expedient so to do im any of the grounds mentioned in the preceding sub-section :

Provided that, prior to cancelling any registration, the Regie- trar shall notify his intention to one or more of the office-hearers of the sariety concerned and shall give him or them an opportunity to submit reasons (if any) why the registration should not be raucelled.

The cancellation of a registration shall be notified in the manner provided by sub-section (2) of section 10 of this Ordinance and shall take effect on the day of such notification.

(7) Auy office-bearer or member of a local society who is aggrieved by the Registrar's refusal to register such society, or by his decision to rescind the exemption from registration grauted to such society or to cancel the registration thereof, may appeal against such refusal or decision to the Governor in Council whow lecision shall be final.

6. (1) If the Registrar has reason to believe that any Cessation of registered or exempted society has ceased to exist, he may publish existence of in the Gazette a notification calling upon such society to furnish a society. him with proof of its existeuer within three months from the date of such notification.