TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 86

5.5

33

Preventive justice, an attack on suspicious behaviour or the display of gang membership, is one of the two underlying principles of the options discussed in the following paragraphs. The other is to strike at the glamour associated with triad mythology by making it very inconvenient and unpleasant to claim triad allegiance or associate with triad affiliates.

THE SOCIETIES ORDINANCE, CHAPTER 151

5.6

At present, the Societies Ordinance, Chapter 151, is the only statute specifically concerned to counter triad societies. Triad societies are deemed to be unlawful societies under section 18(2), and "every society which uses any triad ritual or which adopts or makes use of any triad title or nomenclature shall be deemed to be a triad society" section 18 (3). Chapter 151 penalises a comprehensive range of activities that could be associated with the running of an unlawful society. It provides the Police with a wide range of powers for search and entry. Section 34 gives the Registrar of Societies the power to summon any person for questioning about the existence and operation of any unlawful society but the penalies for failing to appear and to answer are unsubstantial and render the section meaningless. From the point of view of the Police, and the prosecutor, the most important provisions of the Societies Ordinance are sections 19 and 20. Section 19 punishes any person who is, or professes or claims to be an office-bearer or manager of an unlawful society. Section 20(2) reads

"Any person who is or acts as a member of a Triad Society or professes or claims to be a member of a Triad Society or attends a meeting of a Triad Society or is found in possession of or has the custody or control of any books, accounts, writing, lists of members, seals, banners or insignia of or relating to any Triad Society or to any branch of a Triad Society whether or not such society or branch is established in the Colony, shall be guilty of an offence and shall be liable on conviction on indictment -

(a) in the case of a first conviction for

that offence to a fine of $2,000 and to imprisonment for 3 years; and

(b)

in the case of a second or subsequent conviction for that offence to a fine of $5,000 and to imprisonment for 7 years."