TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 98

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(c)

(a)

the Registrar of Societies [including assistant registrars], or a magistrate, will have a discretion to refuse to accept an application for renunciation if he has reasonable grounds for believing that the application was made with intent to avoid legal process under the Societies Ordinance; and

completed declarations would be retained by the Registrar of Societies. A declaration would be proof, in itself, of the contents therein for the purposes of any prosecution under the Societies Ordinance but would not be used for other purposes: it would not, for example, be used in other non-triad prosecutions.

Advantages and disadvantages

5.48

Advantages The option has a number of advantages, the most significant being that the courts would probably be more willing to impose the harsher penalties against triad members, discussed in other parts of this paper, if an individual had chosen not to take advantage of the scheme. The scheme would provide a way out for non-active triad members. It would segregate the willing from the unwilling triad members and, dependent on the design of the application form, it could be used to provide the Police with a lot more information on triads. If magistrates were made the final arbiter of whether or not an application for renunciation should be accepted, the scheme would have the additional advantage of being seen to be completely open and in accordance with traditional judicial independence.

5.49

Disadvantages - The disadvantages of the option is that it may give the impression of "easy in, easy out" for triad membership. There is also a possibility that, if very few persons came forward to renounce their triad membership, the administration could be embarrassed by this lack of response.

SUMMARY OF OPTIONS

5.50

In summary, the options are

-

(a) the fines available under the Societies

Ordinance, Chapter 151, could be

increased [paragraph 5.10];