Mats Broohas.
HKC 241/14
Are
DC H
CONFIDENTIAL content
with the arguments
Mr Banten, HKD" Please see 133407
Ms Bennett': MOLIAN 5662 munte of 311111992 (paragraph 7)
CONFIDENTIAL CM i pare &+9? R+R. (Jamaah 3) which
FM HONG KONG
TO PRIORITY FCO TELNO 506
OF 201025Z FEBRUARY 92
MO21/2
INFO PRIORITY PEKING, UKREP JLG HONG KONG
Attached
MB2.
YOUR TELNO 223, OUR TELNOS 148, 212 AND PEKING BILL OF RIGHTS: REVIEW OF LEGISLATION: PROPOSED
SOCIETIES ORDINANCE.
deals with
порогая
1/2 the proposal to delete section
6(2)(A) of the Societie romance. Paragraph belong often some TELNO 90: comfort. but
AMENDMENTS se cunt
polentherlly Gunte wide,
OUR RESPONSE TO THE POINTS RAISED IN YOUR TUR SERIATIM IS Sirocky
SET OUT BELOW.
2.
唉
WE WILL FAX THE DRAFT AMENDMENT BILL TO YOU ONE IT IS READY, WHICH WE EXPECT IN EARLY MARCH.
3.
ALTHOUGH A COMPANY REGISTERED UNDER THE COMPANIES ORDINANCE IS OUTSIDE THE PURVIEW OF THE SOCIETIES ORDINANCE THERE ARE PROVISIONS IN THE COMPANIES ORDINANCE (SECTIONS 360B, 360C AND. 360N) TO PREVENT CIRCUMVENTION AND EVASION OF THE SOCIETIES ORDINANCE BY REGISTRATION UNDER THE COMPANIES ORDINANCE. WE INTEND TO RETAIN THESE PROVISIONS, SUITABLY AMENDED.
4.
AS SET OUT IN PARA 2 (B) OF OUR SECOND TUR, ORGANISERS OF SOCIETIES WHICH FAIL TO NOTIFY THE COMMISSIONER OF POLICE (CP) OF THE ESTABLISHMENT OF THE SOCIETY IN TIME WILL BE SUBJECT TO PROSECUTION. IF CONVICTED, THE MAXIMUM PENALTY IS A FINE OF DOLLARS 10,000 OR THREE MONTHS IMPRISONMENT. THESE ARE LOWER PENALTIES THAN THOSE PRESCRIBED FOR MEMBERSHIP OF UNLAWFUL SOCIETIES.
5. WE CONFIRM THAT NON-NOTIFICATION ALONE WOULD NOT IN ANY CIRCUMSTANCES RENDER THE SOCIETY UNLAWFUL. A SOCIETY WOULD BE REGARDED AS UNLAWFUL ONLY IF -
(A) IT IS A TRIAD SOCIETY, WHETHER NOTIFIED TO THE CP OR NOT: AND
(B) A SOCIETY IS PROHIBITED ON GROUNDS OF SECURITY, PUBLIC ORDER OR PUBLIC SAFETY.
WE DO NOT FIND IT NECESSARY TO EMPOWER THE CP TO TAKE ACTION
PAGE 1 CONFIDENTIAL
1873
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