TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 89

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5.15

(b)

(c)

a person implies that he is a member of a triad society, or that he willingly associates with, or supports, any triad society, if, in all the circumstances, a member of the community at large would, on observing the acts and hearing the words said, reasonably apprehend or fear such membership, association or support; and

once it is proved that a person implies that he is a member of a triad society, or that he willingly associates with or supports any triad society, proof that it was not his intention to so imply or that he was not reckless as to that implication shall lie on him.

Advantages

-

The option in paragraph 5.9 (c) would thus give the Police considerably more power to prosecute a whole gang of thugs rather than just the spokesman. It prohibits one of the very things that triad gangs do - using the name of a triad society to generate fear or anxiety so as to reinforce the threat. It would cover areas where the offences of criminal intimidation [section 24 of the Crimes Ordinance] and blackmail [section 23 of the Theft Ordinance] do not. It could encourage members of the public to come forward more to report intimidation.

5.16

Disadvantages

-

Care would need to be exercised by the Police to ensure that the increased powers were not misused and innocent members of the public arrested. To this end, the consent of the Attorney General could be stipulated for any prosecution.

Related matter

5.17

Some recent interpretations of portions of the Societies Ordinance by the High Court may make it virtually impossible to obtain a conviction for the offence of being a member of a triad socieity. recent case, a High Court judge held that in order to prove a person was a member of a triad society, the prosecution had to prove that his recruiter was also a member of the society and was authorised to recruit members. In practice, there never is any direct evidence of either the recruiter's membership or his status within the society. There is no direct appeal from that the decision. But the Crown is presently undertaking an appeal from another magistrate's ruling concerning aspects of section 20 (2) of the Societies Ordinance. It is intended to take the matter direct to the Court of Appeal. In order for the Crown to succeed in its current appeal, it must persuade the Court of Appeal that the recent decision of the High Court judge was in error. In that way it