TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 110

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6.40

The system is not without its critics, in particular the American Bar Association which has been urging for some years that a witness's counsel be allowed to accompany him into the jury room.

6.41

There is no equivalent power of judicial examination in the United Kingdom. In Hong Kong the only legal machinery that bears any resemblance to the grand jury is the power of the Registrar of Societies to examine persons under section 34 of the Societies Ordinance, Chapter 151, and the much wider powers of a Commission of Inquiry. Two areas are examined which could provide a similar power of judicial examination -

(a)

(b)

amendments to section 34 of the Societies Ordinance, Chapter 151 to make it more effective; and

the introduction of laws to enable a tribunal to take evidence, ex parte, in secret, on oath.

Section 34 of the Societies Ordinance

6.42

The Registrar [who is the Commissioner of Police] or an assistant registrar [who in practice is a senior police officer] may summon before him any person whom he has reason to believe to be able to give any information as to the existence or operations of an unlawful society or suspected unlawful society [section 34 (1)]. That person can be compelled to produce all documents in his custody and answer truthfully all questions put to him. There is a power to take evidence on oath. If the individual fails to comply with a summons or gives information which the Registrar believes to be false, he may order him to be photographed and fingerprinted. refusal to comply with such order, or obstruction of it, is punishable by a fine of $5,000 and imprisonment for up to 3 months [section 34 (5)].

A

6.43

Section 34 (6) provides that "no statement made by a person summoned before the registrar or assistant registrar under the provisions of this section shall subject him to any arrest or criminal prosecution, or be proved against him in any criminal proceedings except a prosecution for failing to answer truthfully under this section".

6.44

Unfortunately, section 34 is not clearly drafted. There does not appear to be a crime of failing to answer truthfully in section 34 itself, unless subsection 34 (6) itself creates the offence.