TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 88

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5.11

As regards paragraph 5.9(b), section 22 is currently interpreted restrictively. For example, a person who performs an initiation ceremony upon an individual who is keen to be a member of a triad society does not "induce" him to join even though he brings about his membership. The act of inducing requires at present an element of persuasion in the mind of another person*. An option for consideration is thus to remove the need for proof of the use of persuasion in the incitement, inducement or invitation of a person to become a member or to assist in the management of a triad society.

-

It would

5.12

Advantages and disadvantages appear sensible that a person who performs an initiation ceremony on someone who is keen to be a triad society member should face the same penalties as when he is performing the initiation on someone who is not keen.

5.13

As regards paragraph 5.9 (c), at present it is difficult to prosecute thugs who deliberately associate themselves with remarks or signs that indicate triad membership. For example, if a group of youths approach a member of the public and one of them says :

"We are of the 14K group and need money to help our brothers who are in trouble.", it is currently difficult to prosecute the youths who appear to be standing around the spokesman, and who are obviously by their presence and conduct threatening a member of the public. It is also currently not possible to stop the wearing of thinly disguised triad motifs at, say, Chinese festivals.

5.14

An option for consideration is thus to amend section 20 of the Ordinance to make an offence of a deliberate act or series of acts or words that would imply to members of the public that the person was a triad member. A possible form of words of the amendments to section 20 is as follows -

(a) any person who, by deliberate acts or

words, on one or more occasions, implies, in the circumstances in which the acts or words are made or said, that he is a member of any triad society, or that he willingly associates with, or supports, any triad society, shall be liable on conviction to a fine of [say, $50,000] and to imprisonment for [say, three years];

* LAW Ming-tak VR Criminal Appeal No. 266 of 1975

and HEUNG Tak-hung VR Criminal Appeal 399

of 1969.