TNAG-1811-FCO40-2572-Hong-Kong-Societies-(Amendment)-Ordinances-1988-1988 — Page 154

HONG KONG

LEGAL REPORT

SOCIETIES (AMENDMENT) (NO. 2) ORDINANCE 1988

(No. 58 of 1988)

Enclosure No. —

This Ordinance amends the Societies Ordinance to establish a means for persons who are or have been members of a triad society to renounce membership and to be granted a degree of immunity from prosecution by doing so.

2. Section 3 of the Ordinance inserts a number of new sections which set up the Triad Renunciation Tribunal.

3. The new scheme enables a person who believes he is a triad member to apply to the Tribunal to renounce membership (section 26C). If the Tribunal is satisfied that the applicant is a triad member, it will allow the applicant to renounce his membership before the Tribunal (section 26G). The applicant may also disclose certain triad related offences in the course of the application. As a result of the application and renunciation, proceedings for the disclosed offences may be stayed by certificate of the Tribunal (section 26H).

4

Certificates may be issued at the former triad's request to a court, the police or the correctional services. A certificate must be issued on the conviction of any person for a specified offence to inform the court dealing with the offence whether the defendant had taken advantage of the renunciation procedure (section 261).

5. The records of the Tribunal are to remain confidential.

6. The making of false statements and impersonation are offences under the new provisions. The effect of a conviction is to render void any renunciation and to permit the continuation of proceedings stayed by certificate. further action is taken in proceedings stayed by certificate for 5 years, the proceedings lapse (section 26M).

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