1961-HKRS29-8-28_Part02 — Page 19

Addillon st

www.section

GA,

Addition of

new section

BA.

determined by the Supreme Court or by the Governor in Council, as the case may be.

(5) In the case of a decision in regard to a society. the society or any office-bearer of the society or any member of the society who is aggrieved by the decision may appeal against the decision in accordance with the provisions of this section.",

4. The principal Ordinance is amended by the addition after section 6 of the following new section-

"Dissolution

6A. (1) If a registered society or an exempted society of a society. decides to dissolve itself the society shall notify the Registrar of its decision by notification in writing signed by one or more of the principal office-bearers of the society.

(2) On receipt of any such notification the Registrar shall as soon as practicable thereafter, publish in the Gazette in English and in Chinese characters notice of such notification stating that if no objection is received by him within fourteen days after the date of such publication, he will cancel the registration or exemption from registration of the society as the case may be.

(3) If no objection to such notice is received within such period, the Registrar shall cancel such registration or exemption as the case may be.

(4) If any objection to such notification is received by the Registrar he may, after such inquiry as he shall con- sider necessary, either cancel such registration or exemption or refuse to cancel such registration or exemption.

(5) Notice in such form as may be prescribed of any such cancellation or refusal shall be published and served in accordance with the povisions of subsection (4) of section SE,"

5. The principal Ordinance is amended by the addition after section 8 of the following new section-

"Disputes.

BA. (1) If the Registrar is of the opinion that a dispute has occurred among the members or office-bearers of a registered society as a result of which the Registrar is not satisfied of the identity of the persons who have been properly constituted as office-bearers of the society, the Registrar may serve notice on the society requiring the society, within one month of the service of such notice, to produce to him evidence of the settlement of any such

dispute and of the proper appointment of the lawful office- bearers of the society or of the institution of proceedings for the settlement of such dispute.

(2) If any such notice as is provided in subsection (1) is not complied with to the satisfaction of the Registrar within the period of one month, the Registrar may cancel the registration of the society.

(3) Notice of any such cancellation shall be served and published in accordance with the provisions of sub- section (4) of section 5E.".

replucemerl of section 9.

6. Section 9 of the principal Ordinance is repealed and replaced Repeal and by the following-

"Unlawful sociclies.

9. (1) Every local society, not being a registered society or an exempted society, shall be deemed to be an unlawful society after the expiration of fourteen days from the date of formation of such society unless before the expiry of such period of fourteen days application has been made to the Registrar in accordance with the provisions of this Ordinance by or on behalf of the society for regis- tration or exemption from registration and the decision of the Registrar on such application has not been com- municated to the society:

Provided that in any proceedings under this Ordinance, every society shall be deemed to have been established more than fourteen days before the date on which the offence against this Ordinance is alleged to have taken place until the contrary has been proved.

(2) Every Triad Society, whether or not such society

is a registered society or an exempted society and whether or not such society is local society, shall be deemed to be an unlawful society.

(3) Every society which uses any triad ritual shall be deemed to be a Triad Society,”,

7. Section 10 of the principal Ordinance is amended by the Amendment deletion of the words "on summary conviction to a fine of three of section 10. thousand dollars and to imprisonment for three years" and the sub- stitution therefor of the following-

'on conviction on indictment to a fine of five thousand dollars and to imprisonment for five years".