CO537-5116 — Page 142

CO537 Colonial Confidential Records 理藩院機密檔案 All

Power of Registrar

etc., to enter

place kept as place of meeting.

Power of entry by

Registrar,

etc., in

6

17. The Registrar or an Assistant Registrar may at any time enter into any place which he has reason to believe is kept or used by any registered society or any of its members as a place of meeting or place of business.

or

18. The Registrar or an Assistant Registrar who has reason to believe that any registered society or any exempted society is being used for purposes prejudicial to public special cases. peace or welfare or to good order in the Colony, may enter with without assistance and using force for that purpose, if necessary, into any place which he has reason to believe is used as the place of meeting or place of business of such society, and may search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purpose as aforesaid.

Powers of entry and search.

Powers of Registrar to

summon witnesses.

19. (1) Any police officer of or above the rank of inspector may, with or without assistance, using force, if necessary, enter into any dwelling-house or other building, or into any place in which he has reason to believe that a meeting of any unlawful society, or of persons who are members of an unlawful society, is being held, or that any books, accounts, writings, lists of mem- bers, banners, seals, insignia, arms or other articles belonging to any unlawful society are concealed, kept or deposited, and to arrest or cause to be arrested all persons found in such house and to search such house, building or place, and seize or cause to be seized all books, accounts, writings, banners, lists of members, seals, insignia, arms and other articles which he has reasonable cause to believe to belong to any unlawful society or to be in any way connected therewith.

(2) All persons so arrested and all articles so seized may be detained in custody and brought before a Magistrate to be dealt with according to law.

20. (1) The Registrar or an Assistant Registrar may summon before him any person who he has reason to believe to be able to give any information as to the existence or operations of any unlawful society, or suspected unlawful society, or as to the operations of any registered society or exempted society.

(2) The person so summoned shall attend at the hour and place in the summons specified, and produce all documents in his custody, possession or power relating to such society or suspected society, and answer truthfully all questions which the Registrar or an Assistant Registrar puts to him.

(3) The Registrar and every Assistant Registrar may administer oaths to and examine on oath any person summoned before him under this section.

(4) If any person summoned by the Registrar or an Assistant Registrar under this section refuses to give such information, or gives information which the Registrar or Assistant Registrar believes to be false, or which appears to implicate him in an offence under this Ordinance, the Registrar or Assistant

Registrar may, if he considers it advisable to make provision for the identification of such person, order that a photograph and impression of his fingerprints shall be taken at such time and in such place and manner as the Registrar or Assistant Registrar thinks fit.

(5) Any person who refuses to comply with such order or who obstructs compliance with such order may be arrested and detained in custody and shall be liable on summary conviction to a fine not exceeding two hundred dollars.

(6) Any person who fails to comply with any order that he shall permit his photograph and impression of his fingerprints to be taken shall be liable on summary conviction to a fine not exceeding two hundred dollars.

21. Except in the case of persons charged under the provisions Consent to

of section 15 and of persons arrested under the provisions of section prosecution.

19 and sub-section (5) of section 20, no person shall be charged with an offence under this Ordinance or any rule made thereunder unless the prior consent in writing of the Attorney General has been obtained.

22. Any books, accounts, writings, banners, insignia or other Forfeiture. property belonging to any unlawful society shall upon order of a Magistrate be forfeited and given to the Registrar or to an Assistant Registrar for disposal in such manner as he may see fit.

23. Every summons, notice or other document issued under Service of this Ordinance, or under any rule made hereunder, shall be deemed summons. to have been validly and effectually served, if served in the manner prescribed by the Magistrates Ordinance, 1932, for the service of Ordinance summonses under that Ordinance.

No. 41 of 1932.

24. In any prosecution under this Ordinance the Magistrate Evidence. may refer, for the purpose of evidence, to "The Triad Society or Heaven and Earth Association" by William Stanton and to any other published book or articles on the subject of unlawful societies in general or of particular unlawful societies which the Magistrate may consider to be of authority on the subject to which they relate.

25. (1) Any local society in existence at the date of the com- Transitional mencement of this Ordinance shall make application for registration provision. in accordance with section 5 within thirty days of such date.

(2) Notwithstanding section 9 no such society (not being a Triad Society) shall be deemed to be an unlawful society until such period of thirty days has elapsed and such society has failed to obtain an order for registration or exemption from registration.

26. (1) The Governor in Council may from time to time make Rules. rules for the purposes following or any of them

of exemption and

(a) to prescribe the manner registration of societies under this Ordinance;

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