1957-HKRS29-8-24_Part02 — Page 30

Authenticated Laws 確真本香港法例 All

Addition

of new Bectionn 12C, 120

and 12E.

(33 of (952).

Education Ordinance, 1952, or over the teachers or pupils in any such school, and that such influence is-

(i) of a political nature, or

(ii) prejudicial to the conduct or manage- ment of such school or to the welfare and good order of such teachers or pupils. Any such rescission shall be notified in the manner provided by subsection (2) of section 16.";

(c) by the insertion in subsection (7) after the word "decision" in the third place where it occurs of the following

"by way of petition";

(d) by the addition after subsection (7) of the following new

subsection--

"(8) Notwithstanding anything contained in section 9, a society whose exemption from registra- tion has been rescinded under subsection (5) or whose registration has been cancelled under subsection (6) shall, if all activities and meetings of such society are conducted with the permission of the Registrar and in accordance with such conditions as the Registrar may see fit to impose, not be deemed to be an un- lawful society until the time liraited for any appeal by way of petition allowed under subsection (7) has expired or, if any such appeal has been lodged within that time, until the determination of such appeal."'.

4. The principal Ordinance is amended by the addition after section 12B of the following new sections-

**Liability

120. Any person who, having been convicted of convicted of any offence under section to or 11 or subsection (2) öf

af person

an offence under

section 10, 11 or 15(2),

Liability of office- bearer of o society

section 15, becomes an office-bearer of any other society without the permission in writing of the Registrar shall be liable on summary conviction to a fine of three thousand dollars and to imprisonment for three years.

120. If exemption from registration of any society has been rescinded under subsection (5) of section 5 or the registration of any society has been cancelled

whose exemption bar been

under subsection (6) of that section, any office-bearer of such society at the time of such rescission or can- rescinded or cellation who, after that time, becomes an office-bearer registration cancelled.

of any other society without the permission in writing of the Registrar shall be liable on summary conviction to a fine of three thousand dollars and to imprisonment for three years.

Liability of office-

bearer etc. for offence committed by society

12E. (1) Where any offence punishable with a fine or imprisonment has been committed, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed in the name or on behalf of any society, every office-bearer of such society and every person managing or assisting in the management of such society at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed by law therefor, unless he establishes to the satisfaction of the court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.

(a) Any office-bearer and person managing or assisting in the management of such society shall be liable to be prosecuted under this section, notwith- standing that he may have taken part in the commis- sion of the offence.

(3) In any prosecution under subsection (1) of an office-bearer or any person managing or assisting in the management of a society, any document found in the possession of an office-bearer of such society or of a person assisting in the management of such society or of a member of such society or in any place icased, rented, borrowed, used or controlled by such society shall be prima facie evidence of the contents thereof for the purpose of proving that anything has been done or purports to have been done by or on behalf of such society.".

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