5. Clause 6 substitutes new provisions about cessation of
existence of societies.
Societies failing to prove their existence
when so demanded by the Societies Officer will be removed from the
list of societies kept by him. Clause 7 substitutes a new provision
about dissolution of societies. As societies can be formed freely,
they can also be dissolved freely subject only to a notification
requirement.
Clause 8 amends section 15 to restrict the power of
the Societies Officer to requiring information required for the
performance of his functions.
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 17 substitutes new sections 24 and
25. Under the proposed section 24, the Secretary for Security may,
on the recommendation of the Societies Officer, prohibit persons
convicted of offences under section 19 or 20 from 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 18 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 19 modifies the presumptions
under section 28 (1) and (3) so that they are strictly 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 reduced to an evidential burden.
In clause 21 new section 31 seeks to restrict the power of
entry into premises by the Societies Officer so that the power can
only be exercised if the performance of his functions requires it.
8.
No comments yet.
Private notes are available after approval.