TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 43

A308

Ord. No. 58/88

Issue of certificates on

conviction for

SOCIETIES (AMENDMENT) (NO. 2)

261. (1) If a person is convicted of an offence under section 19, 20, 21, 22 or 23, the court or magistrate shall, prior to passing sentence, call for from the Tribunal, and the certain offences Tribunal shall issue, certificates stating whether or not the

defendant has within the past 5 years-

and in other

cases

Certificates as proof

Records

Proceedings

and records to be

confidential

(a) renounced membership of a triad society and, if so,

the date on which he renounced his membership;

(b) disclosed to the Tribunal any offence under section

19, 20, 21, 22 or 23.

(2) The court or magistrate may take into account in assessing the penalty to be imposed whether the person had, within 5 years prior to the commission of the offence for which he has been convicted, renounced his membership of a triad society or disclosed any offence under section 19, 20, 21, 22 or 23 to the Tribunal.

(3) The Tribunal shall, on the written request of a person who has renounced membership of a triad society, issue a certificate to

(a)

a court, a magistrate, the Commissioner of Police or the Commissioner of Correctional Services that the person has renounced membership of a triad society and the date on which he renounced his membership; (b) a court, a magistrate or the Commissioner of Police that the person on a date specified in the certificate disclosed to the Tribunal the commission of an offence under section 19, 20, 21, 22 or 23.

26J. A certificate purporting to be issued by the Tri- bunal under this Ordinance and purporting to be signed by a member of the Tribunal shall until the contrary is proved be deemed to be issued by the Tribunal and shall be evidence of the matters set out in the certificate.

26K. (1) The Tribunal shall cause an application and relevant records (including the applicant's finger-prints and records of its proceedings) relating to the application to be destroyed if the Tribunal determines that the application and the proceedings fail to disclose membership of a triad society or an offence under section 19, 20, 21, 22 or 23.

(2) The Tribunal shall keep a record of an application and its proceedings and determination on the application where-

(a) the applicant renounces membership of a triad

society; or

(b) it has recorded that the applicant has disclosed an

offence under section 19, 20, 21, 22 or 23.

26L. (1) A member of the Tribunal or any person employed to assist the Tribunal shall not disclose any information concerning any person which is given to the Tribunal or otherwise comes to knowledge in employment or in carrying out duties under this Ordinance.