TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 97

44

Option

5.44

An option for consideration is that a system be introduced, through new legislation, whereby a triad member could renounce his membership. Such a scheme could be introduced either on a "one off" basis, or as part of on-going system.

5.45

With such a scheme it would be essential that care was taken so as to prevent certain individuals from gaining, or trying to gain, immunity from future prosecution for triad related offences. Penalties could be contained in new legislation so as to deal strongly with persons who either knowingly supply false information in their application to renounce triad membership, or who abuse the system in an attempt to obtain legal protection against prosecution for kindred offences at some future date.

5.46

A scheme of renunciation could be operated either solely by the Police or by the Police in conjunction with the Judiciary.

5.47

A new section could be added to the Societies Ordinance. The section could include the following provisions

(a) any person who is, or believes himself

to be, a member or office-bearer of a triad society and who wishes formally and permanently to renounce his triad affiliation may do so by completing a form of declaration;

(b)

if

the effect of such a declaration, accepted, would be that no prosecution would be made on the basis of admissions contained on the form, provided

(i)

-

any person who knowingly makes a statement of declaration that is false or misleading shall be guilty of an offence; and

(ii) any person who, having completed a

declaration of renunciation, is, at any time after signing such a declaration, convicted of any triad related offence under the Societies Ordinance [or, possibly, a schedule of offences] shall be liable to an additional penalty of imprisonment;