TNAG-1811-FCO40-2572-Hong-Kong-Societies-(Amendment)-Ordinances-1988-1988 — Page 206

Renunciation

Certificate a stay to certain proceedings

SOCIETIES (AMENDMENT) (NO. 2) BILL 1988

26G. (1) If the Tribunal determines that an applicant was admitted as a member of a triad society, the applicant may renounce his membership of the triad society and a member of the Tribunal shall administer an oath or affirma- tion of renunciation to the applicant, advise him that if he is convicted of an offence under section 19, 20, 21, 22 or 23 within 5 years the court or magistrate will be informed of his disclosure to the Tribunal and advise him of his right to request a certificate under sections 26H(1) and 261(3).

(2) If after considering an application for renunciation, the Tribunal is not satisfied that an applicant has been admitted as a member of a triad society but is satisfied that he has disclosed his involvement in an offence under section 19, 20, 21, 22 or 23, the Tribunal shall inform the applicant of its findings and of his right to apply for a certificate under sections 26H(1) and 261(3), and advise him that if he is convicted of an offence under section 19, 20, 21, 22 or 23 within 5 years the court or magistrate will be informed of his disclosure to the Tribunal.

26H. (1) A person who-

(a) renounced his membership of a triad society under

section 26G(1); or

(b) has had an offence recorded under section 26E(5)(b), and who is charged before a court or magistrate with an offence under section 19, 20, 21, 22 or 23 for an offence which is alleged to have occurred prior to his renunciation or the recording of the offence may request the Tribunal to issue a certificate under subsection (3).

(2) The court or magistrate hearing the matter shall, on the request of the accused, adjourn the proceedings on the terms as it or he thinks fit to enable a request to be made under subsection (1).

(3) If a person makes a request under subsection (1), the Tribunal shall issue to the court or magistrate hearing the matter a certificate as to the matters set out in paragraphs (a) and (b) of that subsection, and, where an offence has been recorded, giving particulars of the offence.

(4) In a prosecution under section 19, 20, 21, 22 or 23 for an offence which occurred before the date on which he renounced his membership of the relevant triad society or the Tribunal recorded the offence for which he is charged, a certificate

(a) that the person has renounced his membership of the relevant triad society shall stay proceedings for an offence under section 19 or 20, being an offence in which membership of a triad society is relevant, if the offence occurred before the date of the renunciation; (b) that the Tribunal has recorded an offence under section 26E(5)(b) shall stay the proceedings for the recorded offence.

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