TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 90

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is hoped indirectly to appeal against that decision. as well as resolving some other difficulties with the interpretation of aspects of the Societies

Ordinance. If the appeal fails, it may be necessary to consider amendments to section 20 (2) of the Societies Ordinance. It should be pointed out that this does not directly affect the options put forward in the preceding paragraphs.

POLICE SUPERVISION

Background

5.18

Following the riots of October 1956, the Government introduced stern measures to counter the upsurge in serious crime. As a result, a considerable number of top triad officials were deported. The Police Supervision Ordinance [then Chapter 224] was completely revised. The Ordinance extended the class of persons over whom a close eye could be kept and made the system of police supervision more flexible. Emergency [Detention Order] Regulations permitted a form of internment. To escape deportation or detention, many triads surrendered to the Police voluntarily and, in accordance with the Ordinance, were placed on supervision orders - which was the alternative available.

5.19

Supervision could be imposed in lieu of deportation by the Governor in Council, or by any court following conviction for a scheduled offence [essentially any serious crime]. It could be imposed as an alternative to, or in addition to, a term of imprisonment. It took into account the possibility of the supervisee committing an offence. The order was suspended while he was detained and then came back into effect on his release.

The

5.20 The terms of supervision were strict. subject was required to keep a identification book [in which were recorded his name, place of residence, photograph, thumbprints etc and which he had to produce when reporting] and to notify the Police of his address. He reported on a frequent basis and was the subject of a curfew, midnight to 5 a.m. unless his job entailed nightwork. In addition to allowing the Police to keep track of offenders, Chapter 224 contained a powerful preventive device. Section 12 (2) (a) provided for an offence, punishable with up to two years imprisonment, "if on his being charged by a police officer with getting his livelihood by dishonest means and being brought before a magistrate it appears to a magistrate that there are reasonable grounds for believing that he is getting his livelihood by dishonest means". Two similar subsections were available if the subject was found in suspicious circumstances.

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