SOCIETIES ORDINANCE, 1920

SOCIETIES ORDINANCE, 1920

No. 4 of 1920, repealed by No. 11 of 1921.
No. 5 of 1920, incorporated in No. 2 of 1919.
No. 6 of 1920, incorporated in No. 9 of 1911.
No. 7 of 1920, incorporated in. No. 40 of 1909.

No. 8 of 1920.

An Ordinance to amend the law relatlity to societies.

[25th June, 1920.]

1. This Ordinance may be cited as the Societies Ordinance,
1920.

2. In this Ordinance,

(a) Place includes vessel.
(b) Society includes every club, company, guild, lodge,
partnership, union, or other association of persons, what-
soever, and every branch of any such association.

3. The following societies are hereby declared to be
unlawful societies:-

(a) the Triad Society:

(b) all societies which use a Triad ritual:

(c) all societies which have among their objects unlawful
purposes or purposes incompatible with the peace and good
order of the Colony.

4.-(1) It shall be lawful for the Governor in Council in
his absolute discretion to declare to be unlawful any society
which in his opinion-

(a) has among its objects unlawful purposes or purposes
incompatible with the peace and good order of the Colony, or
(b) is being used, or is likely to be used, for unlawful
purposes or for purposes incompatible with the peace and
good order of the Colony, or
see No. 23 of 1917, s. 2 (2) (e).
As amended by law rev. Ord, 1921.





(r) is by reason of its actions or proceedings calculated to
excite tumult or disorder in China or to excite persons to
crime in China.

(2) Every society so declared to be unlawful shall, without
prejudice however to the operation of section 3, be deemed to
be an unlawful society as from the publication in the Gazette
of the order in council declaring the society to be unlawful.

5.-(1) Every person who assists in any way whatsoever
in the management of an unlawful society shall upon sum-
mary conviction be liable to a fine not exceeding one thousand
dollars and to imprisonment for any term not exceeding
twelve months.

(2) Every person who incites, induces, or invites another
person to become a member of, or to assist in the manage.-
ment of, an unlawful society, and every person who uses any
violence, threat or intimidation towards any other person in
order to induce him to become a member of, or to assist in
the management of, an unlawful society shall upon summary
conviction be liable to a fine not exceeding one thousand
dollars and to imprisonment for any term not exceeding
twelve months.

(3) Every person who procures or attempts to procure from
any other person any subscription or aid for the purposes of
an unlawful society shall upon summary conviction be liable
to a fine not exceeding five hundred dollars and to imprison-
ment for any term not exceeding six months.

(4) Every person who is a member of an unlawful
society, or who without lawful excuse is present at a
meeting of an unlawful society, or who pays money or
gives any aid to or for the purposes of an unlawful society,
shall upon summary conviction be liable to a fine not exceed-
ing five hundred dollars and to imprisonment for any term
not exceeding six months.

(5) Every person who knowingly allows an unlawful society
to use any place belonging to or occupied by hlm or over
which he has control, shall upon summary conviction be
liable to a fine not exceeding five hundred dollars and to
imprisonment for any period not exceeding six months.





(6) Every person who contravenes any provision of this
Ordinance in respect of which no specific penalty is provided
shall upon summary conviction be liable to a fine not exceed-
ing two hundred and fifty dollars and to imprisonment for
any term. not exceeding three months.

6.-(1) Whenever it appears to a magistrate upon the oath
of any person that there is reasonable cause to suspect-

(a) that a meeting of an unlawful society, or of persons
who are members of an unlawful society, is being held or is
about to be held in any place; or

(b) that any books, accounts, lists of niembers, writings,
banners, insignia, seals, or other things, whatsoever, belong-
ing to, or connected with, or intended to be used for the
purposes of, an unlawful society, are to be found in any
place; or

(c) that any place is being or has been used, or is about
to be used, for the purposes of an unlawful society; or

(d) that any evidence of the existence of an unlawful
society is to be found in any place,

the magistrate may, by warrant directed to any public officer,
empower such officer and his assistants to enter and search
such place, by day or by night, using force if necessary,.

(2) Such officer and his assistants may seize and detain
any books, accounts, lists of members, writings, banners,
insignia, seals, or other things, which appear to belong to,
or to be connected with, or to be intended to be used for the
purposes of, an unlawful society, or which may appear to
indicate the existence of an unlawful society, and may arrest
any person found on such place or escaping therefrom and
may detain any such person until he can conveniently be
brought before a magistrate.

(3) The powers conferred by a warrant issued under sub-
section (1) may be exercised without warrant by any justice
of the peace or by any public officer accompanied by a justice
of the peace.

(4) No person shall resist or obstruct any such search, arrest
or seizure.

(5) It shall be lawful for a magistrate to forfeit any thing
duly seized under any power conferred by or under this
section.





7.-(1) When any books, accounts, lists of members, writ-
ings, banners, insignia, seals, or other things, whatsoever,
which may reasonably be suspected to belong to, or to be
connected with, or to be intended to be used for the purposes
of, an -unlawful society, are found in the possession or
under the control of any person, it shall, until the contrary
is proved, be presumed that such person is a member of an
unlawful society.

(2) When it appears to a magistrate that there is reason-

able cause to suspect that any place entered and searched
under any power conferred by or tinder this Ordinance was
immediaiely before or at the time of such entry being used
by or for the purposes of an unlawful society, it shall, until
the contrary is proved, be presumed that all persons found
in such place at any tinte during such search, or found
escaping therefrom immediately before or at the time of such
entry, are members of an unlawful society.

(3) In any prosecution under this Ordinance, it shall not
lie necessary to prove the name of the unlawful society, or
to prove that it has any name.

(4) In any prosecution under this Ordinance, it shall be
no objection to the admissibility of expert evidence that the
expert is not, or has not been, a member of any unlawful
society.

(5) In any prosecution under this Ordinance, the magistrate
may refer, for the purposes of evidence, to The Triad
Society or Heaven and Earth Association by William
Stanton, and to any other published books or articles on the
subject of unlawful societies in general, or of particular
unlawful societies, which the magistrate may consider to be
of authority on the subject to which they relate.

[s. 8, rep. Law Revision Ordinance, 1924.]

No. 9 of 1920, incorporated in No. 1 of 1903.
No.10 of 1920, repealed by Law Revision Ordi-
nance,1924.
[Originally No. 8 of 1920. Law Rev. Ord., 1924.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. Offences and penalties. Search, arrest, seizure, and forfeiture. Evidence.

[Originally No. 8 of 1920. Law Rev. Ord., 1924.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. Offences and penalties. Search, arrest, seizure, and forfeiture. Evidence.

https://oelawhk.lib.hku.hk/items/show/1334

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