1964_SOCIETIES_ORDINANCE — Page 14

1988 Ed.]

Societies

[CAP. 151

13

Unlawful societies

18. (1) Every local society, not being a registered society or an exempted society, shall be deemed to be an unlawful society after the expiration of 14 days from the date on which the society is established unless before the expiry of such period of 14 days application has been made to the Registrar in accordance with the provisions of this Ordinance by or on behalf of the society for registration or exemption from registration and the decision of the Registrar on such applica- tion has not been communicated to the society: (Amended, 36 of 1982, s. 15)

Provided that in any proceedings under this Ordinance, every society shall be deemed to have been established more than 14 days before the date on which the offence against this Ordinance is alleged to have taken place until the contrary has been proved.

(2) Every triad society, whether or not such society is a registered society or an exempted society and whether or not such society is a local society, shall be deemed to be an unlawful society.

(3) Every society which uses any triad ritual or which adopts or makes use of any triad title or nomenclature shall be deemed to be a triad society. (Amended, 36 of 1964, s. 2)

Penalties on office-bearer, etc. of an unlawful society

(Replaced, 28 of 1961, s. 6)

19. Any office-bearer or any person professing or claiming to be an office-bearer and any person managing or assisting in the management of any unlawful society shall be liable on conviction on indictment to a fine of $100,000 and to imprisonment for 5 years.

Membership, etc.

(Amended, 28 of 1961, s. 7; 36 of 1964, s. 3 and L.N. 19/87)

20. (1) Save as is provided in subsection (2), any person who is or acts as a member of an unlawful society or attends a meeting of an unlawful society or who pays money or gives any aid to or for the purposes of an unlawful society shall be guilty of an offence and shall be liable on conviction on indictment-

(a) in the case of a first conviction for that offence to a fine of $10,000 and

to imprisonment for 12 months; and

(b) in the case of a second or subsequent conviction for that offence to a fine of $50,000 and to imprisonment for 5 years. (Amended, L.N. 19(87)

(2) Any person who is or acts as a member of a triad society or professes or claims to be a member of a triad society or attends a meeting of a triad society or is found in possession of or has the custody or control of any books, accounts, writing, lists of members, seals, banners or insignia of or relating to any triad society or to any branch of a triad society whether or not such society or branch is established in Hong Kong, shall be guilty of an offence and shall be liable on conviction on indictment (Amended, 36 of 1964, s. 4 and 30 of

1988, s. 4)

!