TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 78

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MDHIAN 1997

OUTSIDERS (INCLUDING SOCIETIES CONNECTED WITH OVERSEAS POLITICAL GROUPS) TO USE HONG KONG AS A BASE FOR POLITICAL BATTLES. WE NEED TO MAKE THIS POINT IN ORDER TO ADDRESS WHAT WILL INEVITABLY BE THE CENTRAL CHINESE CONCERN. OTHERWISE, THERE WOULD BE NO POINT IN TAKING THE INITIATIVE TO BRIEF THE CHINESE.

4. OUR RESPONSE TO THE POINTS RAISED IN PARA 5 OF YOUR TUR IS:

(A) THE PENALTIES SET OUT IN THE BILL, AS IN THE CASE OF OTHER PENALTIES IN THE LAWS OF HONG KONG, REPRESENT THE STATUTORY MAXIMUM. THE COURT HAS THE DISCRETION TO IMPOSE SENTENCES IN THE

LIGHT OF CIRCUMSTANCES OF EACH CASE UP TO THE STATUTORY MAXIMA.

(B) THE PROPOSED SECTION 5A OF THE BILL RETAINS SECTIONS 7(2) AND

12 OF THE EXISTING ORDINANCE IN RESPECT OF RURAL COMMITTEES. THE

PURPOSE OF THE ISSUE OF CERTIFICATES TO RURAL COMMITTEES BY THE SECRETARY FOR HOME AFFAIRS IS TO SHOW HIS FORMAL ACKNOWLEDGEMENT OF THE ESTABLISHMENT OF SUCH COMMITTEES. THE OBJECTIVE OF SECTION

8(1) (D) IS TO PREVENT SOCIETIES FROM ADOPTING NAMES WHICH SUGGEST

THAT THEY ARE RURAL COMMITTEES AS ACKNOWLEDGED BY THE SECRETARY

FOR HOME AFFAIRS WHEN IN FACT THEY ARE NOT. THE NOTIFICATION OFFICER, I.E. THE COMMISSIONER OF POLICE, CAN OBTAIN INFORMATION FROM THE SECRETARY FOR HOME AFFAIRS ON WHETHER A SOCIETY HAS BEEN ACKNOWLEDGED TO BE A RURAL COMMITTEE OR NOT.

(C) WE AGREE. SECTION 8(3) HAS BEEN DELETED FROM THE FINALISED DRAFT.

(D) WE SUSPECT YOU INTENDED TO REFER TO CLAUSE 19 OF THE BILL. THIS CLAUSE AMENDS SECTION 28 OF THE EXISTING ORDINANCE. LEGAL

ADVICE IS THAT THE PRESUMPTIONS IN THIS SECTION MAY NOT BE ABLE TO STAND THE BOR TEST. THE POLICE CONSIDER IT IMPORTANT TO RETAIN THESE PRESUMPTIONS, ALBEIT IN A FORM COMPATIBLE WITH THE BOR, TO ENSURE THEIR CONTINUED EFFECTIVE FIGHT AGAINST CRIME. IT IS THEREFORE PROPOSED THAT:

I) SINCE THE PRESUMPTION OF EXISTENCE OF A SOCIETY WHERE ANY

BOOKS AND ACCOUNTS ETC. OF A SOCIETY ARE FOUND IN POSSESSION OF ANY PERSON IS VALID FOR TRIAD SOCIETIES ONLY, IT SHOULD ONLY APPLY TO SUCH SOCIETIES:

II) THE PRESUMPTION OF A PERSON'S ASSISTANCE IN THE MANAGEMENT OF

A SOCIETY WHERE ANY BOOKS AND ACCOUNTS OF THE SOCIETY ARE FOUND IN POSSESSION OF THAT PERSON SHOULD APPLY IN RESPECT OF ALL

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