TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 25

Clause

Clause 7 substitutes a new provision about dissolution of

cieties. As societies can be formed freely, they can also be

lissolved freely subject only to a notification requirement.

amends section 15 to restrict the power of the Societies

Notification Officer to requiring information required for the

performance of his functions only.

6. Clause 11 changes the definition of unlawful society so that

only triad societies and societies prohibited by the Secretary for

Security are unlawful. Clause 15 substitutes new sections 24 and

25. Under the proposed section 24, the Secretary for Security may,

on the recommendation of the Societies Notification Officer,

prohibit persons convicted of offences under section 19 or 20

becoming office-bearers of other societies. A similar provision is

made under the proposed section 25 in respect of office-bearers of

societies prohibited by the Secretary for Security.

7.

Clause 16 removes the presumption that a society is a society

to which the Ordinance applies and the burden for the accused to

prove that a society is lawful. Clause 17 modifies the presumptions

under section 28(1) and (3) so that they are confined to triad

societies and removes the presumption of membership where certain

things are found in the possession of a person. The burden of proof

in section 28(2) is lessened to an evidential burden.

8.

Clause 19 seeks to restrict the power of entry into premises of

the Societies Notification officer so that the power can only be

exercised if his performance of functions so requires. Clause 20

restricts the power of entry of the Societies Notification Officer

by imposing a requirement for a magistrate's warrant. Clause 21

seeks to restrict the power to summon witnesses to cases where the