23050-1911-Supplementary-Bills-read-a-first-time--Appropriation — Page 27

Burden of

proof as to definition of Society.

Presumptive proof of

Triad

696

14. If in any prosecution for an offence against the provisions of this Ordinance it shall be proved that a club, company, partnership or association exists and is neither a Registered nor an Exempted Society it shall be presumed until the contrary be proved that the club, company, part- uership or association is a Society within the meaning of this Ordinance.

15.-(1.) When any of the books, accounts, writings, banners or insignia of any Society are found in the posses- membership. sion of any person, it shall be presumed, until the contrary be proved, that such person is a member of such Society, unlawful. and if such Society be a Triad Society or a branch of a Triad Society it shall be further presumed that such Society is an unlawful Society.

Societies

Presumptive proof of managing.

Govormor in-

Council may

order dis- solution of

any Society,

Consequence

upon the dissolution of a Society.

(2.) When any of the books or accounts of any Society are found in the possession of any person it shall be further presumed, until the contrary be proved, that such person assists in the management of such Society.

6.-(1.) Whenever it may appear to the Governor-in- Council that any Registered Society or any Exempted Society is being used for unlawful purposes, or for pur- poses incompatible with the peace or good order of the Colony or that such Society exists mainly for the purpose of gaming or that gaming is carried on habitually and in such a manner and to such a degree as to be dangerous to good order, or that the actions or proceedings of such Society are ealculated to excite tumult or disorder in China or to excite persons to crime in China, the Governor-in-Council may order that such Society be dissolved.

(2.) Notification of every such order shall be published in the Gazette, and shall be affixed in a conspicuous man- ner on any building occupied by such Society, and at the Police Station of the District in which such building may

be.

(3.) Every Society against which an order of dissolution is made shall thenceforward be deemed to be an unlawful Society.

17.-(1) Upon the making of an order of dissolution against any Society the following consequences · shail

ensue :-

(4.) The property of the Society within the Colony shall forth with vest either in the Official Reeei- ver in Bankruptcy or, if any other officer he appointed for the purpose of winding up by the Governor in the notification of the order, then in such officer.

(3.) The Official Receiver in Bankruptcy or such other officer shall proceed to wind up the affairs of the Society, and, after satisfying and pro- viding for all the debts and liabilities of the Society and the costs of the winding-up, shall divide the surplus assets (if any) of the Society amongst the members of the Society according to the rules of such Society (if any), or, if there are no such rules applicable to such case, then equally, but, if by reason of the great number of members, or the difficulty of ascertaining the persons entitled to such assets, or if from any other canse such a division as aforesaid is in the opinion of the Official Receiver or sel other officer as aforesaid impracticable, he shall prepare and submit to a Judge of the Supreme Court for his approval a scheme for the appli- cation of such surplus assets to purposes for the benefit of that portion of the public to which the members of the Society more particularly belonged, or of the public generally.

(c.) Such scheme when submitted for approval may be amended by the Judge in such a way as he shall think proper under the circumstances of

the case.

!