1988 Ed.]
Societies
[CAP. 151
19
(b) that the Tribunal has recorded an offence under section 26E(5)(b) shall
stay the proceedings for the recorded offence.
(Added, 58 of 1988, s. 3)
Issue of certificates on conviction for certain offences and in other cases
26I. (1) If a person is convicted of an offence under section 19, 20, 21, 22 or 23, the court or magistrate shall, prior to passing sentence, call for from the Tribunal, and the Tribunal shall issue, certificates stating whether or not the defendant has within the past 5 years-
(a) renounced membership of a triad society and, if so, the date on which
he renounced his membership;
(b) disclosed to the Tribunal any offence under section 19, 20, 21, 22 or 23.
(2) The court or magistrate may take into account in assessing the penalty to be imposed whether the person had, within 5 years prior to the commission of the offence for which he has been convicted, renounced his membership of a triad society or disclosed any offence under section 19, 20, 21, 22 or 23 to the Tribunal.
(3) The Tribunal shall, on the written request of a person who has renounced membership of a triad society, issue a certificate to--
(a) a court, a magistrate, the Commissioner of Police or the Commissioner of Correctional Services that the person has renounced membership of a triad society and the date on which he renounced his membership;
(b) a court, a magistrate or the Commissioner of Police that the person on a date specified in the certificate disclosed to the Tribunal the commission of an offence under section 19, 20, 21, 22 or 23.
(Added, 58 of 1988, s. 3)
Certificates as proof
26J. A certificate purporting to be issued by the Tribunal under this Ordinance and purporting to be signed by a member of the Tribunal shall until the contrary is proved be deemed to be issued by the Tribunal and shall be evidence of the matters set out in the certificate.
(Added, 58 of 1988, s. 3)
Records
26K. (1) The Tribunal shall cause an application and relevant records (including the applicant's finger-prints and records of its proceedings) relating to the application to be destroyed if the Tribunal determines that the application and the proceedings fail to disclose membership of a triad society or an offence under section 19, 20, 21, 22 or 23.
(2) The Tribunal shall keep a record of an application and its proceedings and determination on the application where--
(a) the applicant renounces membership of a triad society; or
Page 20
Page 21
1988 Ed.]
Societies
[CAP. 151
19
(b) that the Tribunal has recorded an offence under section 26E(5)(b) shall
stay the proceedings for the recorded offence.
(Added, 58 of 1988, s. 3)
Issue of certificates on conviction for certain offences and in other cases
261. (1) If a person is convicted of an offence under section 19, 20, 21, 22 or 23, the court or magistrate shall, prior to passing sentence, call for from the Tribunal, and the Tribunal shall issue, certificates stating whether or not the defendant has within the past 5 years-
(a) renounced membership of a triad society and, if so, the date on which
he renounced his membership;
(b) disclosed to the Tribunal any offence under section 19, 20, 21, 22 or 23.
(2) The court or magistrate may take into account in assessing the penalty to be imposed whether the person had, within 5 years prior to the commission of the offence for which he has been convicted, renounced his membership of a triad society or disclosed any offence under section 19, 20, 21, 22 or 23 to the Tribunal.
(3) The Tribunal shall, on the written request of a person who has renounced membership of a triad society, issue a certificate to--
(a) a court, a magistrate, the Commissioner of Police or the Com- missioner of Correctional Services that the person has renounced membership of a triad society and the date on which he renounced his membership;
(b) a court, a magistrate or the Commissioner of Police that the person on a date specified in the certificate disclosed to the Tribunal the commis- sion of an offence under section 19, 20, 21, 22 or 23.
(Added, 58 of 1988, s. 3)
Certificates as proof
26J. A certificate purporting to be issued by the Tribunal under this Ordinance and purporting to be signed by a member of the Tribunal shall until the contrary is proved be deemed to be issued by the Tribunal and shall be evidence of the matters set out in the certificate.
(Added, 58 of 1988, s. 3)
Records
26K. (1) The Tribunal shall cause an application and relevant records (including the applicant's finger-prints and records of its proceedings) relating to the application to be destroyed if the Tribunal determines that the applica- tion and the proceedings fail to disclose membership of a triad society or an offence under section 19, 20, 21, 22 or 23.
(2) The Tribunal shall keep a record of an application and its proceedings and determination on the application where--
(a) the applicant renounces membership of a triad society; or
Page 20Page 21
No comments yet.
Private notes are available after approval.