SOCIETIES ORDINANCE, 1920

SOCIETIES ORDINANCE, 1920

No. 8 of 1920.

An Ordindnce to amend the law relating to societies.

[25th June, 1920.]

1. This Ordinance rnay 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 whatsoever,
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 Yvith 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

(c) 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 howes,er to the operation of section 3, be deemed to

See No. 23 of 1917 [Boarding-house], s. 2 (2) (e).





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 summary
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 management'
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 manage-
ment 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 imprisonment
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 exceeding 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 him, 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 exceeding
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 members, writings,
banners, insignia, seals or other things whatsoever belonging
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,
insigna, 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 (i) may be exercised without warrant by any justice
of the peace or b), any public officer accompanied by a justice
of the peace.

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

It shall be lawful for a magistrate to forfeit anything
duly seized tinder 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 tinder 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 under this Ordinance was immediately
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 time 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
be 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.

No. 9 of 1920, incorporated in No. 1 Of 1903,
repealed by No. 7 Of 1935.

No. 10 of 1920, repealed by No. 5 Of 1924.

No. 11 of 1920, repealed by No. 11 Of 1937.

No. 12 of 1920, iitcorporated in No. 4 Of 1897.
[Originally No. 8 of 1920.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. [cf. No. 10 of 1927, s. 7.] Offences and penalties. Search, arrest, seizure and forfeiture. Evidence. [s.7 contd.] [30.7.37.]

[Originally No. 8 of 1920.] Short title. Interpretation. Societies declared unlawful. Societies which may be declared unlawful. [cf. No. 10 of 1927, s. 7.] Offences and penalties. Search, arrest, seizure and forfeiture. Evidence. [s.7 contd.] [30.7.37.]

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