SOCIETIES ORDINANCE

SOCIETIES ORDINANCE

CHAPTER 151.

SOCIETIES.

To provide for the registration of societies and for matters related
thereto.

[27 th May, 1949.]

1. This Ordinance may, be cited as the Societies

Ordinance.

2. In this Ordinance-

society includes any club, company, partnership, or association of ten
or more persons, whatever its nature or object, but does not
include

(a)any conipany registered under the Companies Ordinance;

(b)any company or association constituted under Royal
Charter, or Royal Letters Patent, or any Imperial Act, or any
Ordinance;

(c)any Lodge of Freemasons regularly constituted under any of
the registered governing bodies of Freemasons in the United
Kingdom of Great Britain and Northern Ireland;

(d)any trade union registered under the Trade Unions and
Trade Disputes Ordinance.

(e)any company, association or partnership, consisting of not
more than twenty persons, formed for the sole purpose of
carrying on any lawful business;

'exempted society' means any society for the time being exempted
from registration by an order of exemption made under this
Ordinance;

'registered society' means any society for the time being registered
under this Ordinance;

'local society' means any society organized and established in the
Colony or having its headquarters or chief place of business in
the Colony, and includes any society deemed to be established in
the Colony by virtue of section 4;

'office-bearer' of a society means any person who is the president, or
vice-president, or secretary or treasurer of such society, or who is
a member of the committee or governing body thereof, or who
holds in such





society any office or position analogous to any of those

mentioned above;

'Registrar' means the officer appointed as Registrar of

Societies for the Colony;

'assistant registrar' means an officer appointed as an

assistant registrar of societies for the Colony.

3. The Governor may appoint by name or office an officer to be
Registrar of Societies for the Colony, and officers to be styled
assistant registrars of societies.

4. A society shall be deemed to be established in the Colony,
although it is organized and lias its headquarters or chief place of
business outside the Colony, if any of its office-bearers or members
resides in the Colony or is present therein, or if any, person in the
Colony manages or assists in the management of such society or
solicits or collect, money or subscription in its behalf : Provided that
no society shall be deemed to be so established, if and so long as

(a)it is organized and is operating wholly outside the Colony;
and

(b)no office, place of business or place of meeting is maintained
or used in the Colony by such society or by any person in its
behalf; and

(c)no register of members of such society is kept in the Colony;
and

(d)no subscriptions are collected or solicited in the Colony by
the society or by any person in its behalf.

5. (1) Every local society shall in inanner prescribed make
application to the 1Zegistrar for registration under this Ordinance.

(2) The Registrar may order that any local society shall be
registered or be exempted froni registration under this Ordinance.

(3) Where the Registrar is satisfied that a local society is a branch
of or is affiliated or connected with any organization or group of a
political nature established outside the Colony, he shall refuse to
register it and where it appears to him that any local society is likely to
be used





for unlawful purposes or for any purpose prejudicial to or incompatible
with peace, welfare or good order in the Colony, he shall refuse to
register it.

(4) Where the Registrar agrees to register a local society under
this Ordinance, he shall forthwith enter or cause to be entered in a
register kept for the purpose the particulars given in the application
form and the date of his order directing registration. The register may
be searched and examined by any person during the usual office hours
on application made to the Registrar or to an assistant registrar.

(5) The Registrar may, in his discretion, rescind at any time any
exemption granted by him under subsection (2) if he is satisfied that it is
expedient so to do on the ground that tile society concerned is
affiliated or connected with any organization or group of a political
nature established outside the Colony or on the ground that such
society is likely to be used for unlawful purposes or for any purpose
prejudical to or incompatible with peace, welfare or good order in the
Colony. Any such rescission shall be notified in the manner provided
by subsection (2) of section 16 : Provided that, notwithstanding section
9, the society concerned shall not be deemed to be an unlawful society
until thirty days have elapsed froni the date of the notification and
such society has failed to obtain registration under this Ordinance
within that period.

(6) The Registrar may, in his discretion, cancel at any time, the
registration of any society effected under subsection (4) if he is
satisfied that it is expedient so to do on any of the grounds mentioned
in the preceding subsection : Provided that, prior to cancelling any
registration, the Registrar shall notify his intention to one or more of
the office-bearers of the society concerned and shall give him or them
an opportunity to submit reasons (if any) why the registration should
not be cancelled. The cancellation of a registration shall be notified in
the manner provided by subsection (2) of section 16 and shall take
effect on the day of such notification.

(7) Any office-bearer or member of a local society who is
aggrieved by the Registrar's refusal to register such society, or by his
decision to rescind the exemption from registration granted to such
society or to cancel the registration thereof, may appeal against such
refusal or decision to the Governor in Council whose decision shall be
final.





6. (1) If the Registrar has reason to believe that any registered or
exempted society lias ceased to exist, he may publish in the Gazette a
notification calling upon such society to furnish him with proof of its
existence within three niontlis from the date of such notification.

(2) If at the expiration of such three niontlis the Registrar is
satisfied that the society has ceased to exist, a notification to that
effect shall be published in the Gazette and the society shall be
deemed to have ceased to exist froni the date of such publication.

7. (1) The Registrar may, at any time, by notice under his hand,
order any exempted society or registered society to furnish him in
writing with

(a)a true and complete copy of the constitution and rules of any
such society in force at the date of such order;

(b)a true and complete list of office-bearers and members of any
such society residing in the Colony or present therein at the
date of such order;

(c)a true and complete return of the number of meetings held by
any such society in the Colony within the period of six
months immediately preceding such order, stating the place
or places at which such meetings were held;

(d) such other information as may be prescribed.

(2) An order given under the preceding subsection shall specify
the time within which (being not less than seven days) the information
shall be supplied : Provided that the Registrar may, on application
made to him and on good cause being shown, grant an extension of
time at his discretion.

8. (1) The obligations imposed upon exempted societies and
registered societies by section 7 shall be binding upon every office-
bearer and upon every person managing or assisting in the
management of any such society in the Colony: Provided always that
any such office-bearer or other person as aforesaid shall not be so
bound unless he has been served with the order given by the Registrar.

(2) If any exempted society or registered society fails to comply
with the whole or part of any order given under





section 7, each of the persons mentioned in the preceding subsection
who has been served as aforementioned shall be liable on summary
conviction to a fine of five hundred dollars unless lie establishes to the
satisfaction of the court that lie lias exercised due diligence and has
failed to comply with the order for reasons beyond his control.

If any information supplied to the Registrar in compliance
with an order given under section 7 is false, incorrect, or incomplete in
any material particular, the person who has supplied such information
shall be liable on summary conviction to a fine of five hundred dollars
unless lie establishes to the satisfaction of the court that he had good
reason to believe that the information was true, correct aiid complete.

9. Every local society, not being a registered society or an
exempted society, shall be deemed to be an unlawful society.

10. Any office-bearer and any person managing or assisting in the
management of any unlawful society shall

be liable on summary conviction to a fine of three thousand dollars and
to imprisonment for three years.

11. Any person who is or acts as a member of an unlawful society
or attends a meeting of an unlawful society shall be liable on summary
conviction to a fine of one thousand dollars and to imprisonment for
one year.

12. Any person who knowingly allows a meeting of an unlawful
society, or of members of an unlawful society, to be held in any house,
building or place belonging to or occupied by, him, or over which he
has control, shall be liable on summary conviction to a fine of one
thousand dollars and to imprisonment for one year.

13. In any proceedings under this Ordinance-

(a)where it is proved that a club, company, partnership, or
association is in existence, it shall be presumed that such
club, company, partnership or association is a society within
the meaning of this Ordinance unless the contrary is proved;





(b)it shall not be necessary for the prosecution to prove that a
society, possesses a name, or that it lias been constituted or
is usually known under a particular name;

(c)where it is alleged that a society is an unlawful society, the
burden of proving that it is a registered society, or an
exempted society, or that it is not a local society, shall lie on
the person charged.

14. (1) Where any books, accounts, writings, lists of members,
seals, banners or insignia of or relating to or purporting to relate to any
society are found in the possession of any person, it shall be
presumed, until the contrary is proved, that such person is a member of
such society, and such society shall be presumed until the contrary is
proved, to be in existence at the time such books, accounts, writings,
lists of members, seals, banners or insignia are so found.

(2) Where any books, accounts, writings, lists of members seals,
banners or insignia of or relating to any society are found in the
possession of any person, it shall be further presumed, until the
contrary is proved, that such person assists in the management of such
society.

15. (1) Every society, whether it is exempted or registered or not,
which uses a Triad ritual shall be deemed to be an unlawful society.

(2) Ariy person who is or acts as a nierriber of a Triad
Society or attends a meeting thereof or is found in possession
of or having the custody or control of any books, accounts,
writings, lists of members, seals, banners or insignia of or
relating to any Triad Society or branch of a Triad Society,
whether such society or branch is established in the Colony
or not, shall be liable on summary conviction to a fine of
two thousand dollars and to imprisonment for two years.


16. (1) The Governor in Council may, in his discretion, order that
any exempted society or registered society be dissolved where he is
satisfied that any such society is being used for purposes prejudicial
to or incompatible with peace, welfare or good order in the Colony.

(2) Notification of every such order shall be published in the
Gazette, and shall be affixed in a conspicuous manner





on any building occupied by such society aiid at the nearest police
station of the police district in which such building exists.

(3) Every society against which an order of dissolution is made
shall thenceforward be deemed to be an unlawful society and the
registration thereof, if it is a registered society, shall be cancelled.

17. The Registrar or an assistant registrar may at any time enter
into any place which he has reason to believe is kept or used by any
registered society or any of its members as a place of meeting or place
of business.

18. The Registrar or an assistant registrar who has reason to
believe that any registered society, or any exempted society is being
used for purposes prejudicial to peace or welfare or to good order in the
Colony, may enter with or without assistance and using force for that
purpose, if necessary, into any place which he has reason to believe is
used as the place of meeting or place of business of such society, and
may search such place and any person found therein or escaping
therefrom for evidence that such society is being used for such
purpose as aforesaid.

19. (1) Any police officer of or above the rank of inspector may,
with or without assistance, using force, if necessary, enter into any
dwelling-house or other building, or into any place in which he
has reason to believe that a meeting of any unlawful society, or of
persons who are members of an unlawful society, is being held, or that
any books accounts, writings, lists of members, seals, banners,
insignia, arms or other articles belonging to any unlawful society are
concealed, kept or deposited, and to arrest or cause to be arrested all
persons found in such house and to search such house, building or
place, and seize or cause to be seized all books, accounts, writings, lists
of members, seals, banners, insignia, arms and other articles, which he
has reasonable cause to believe to belong to any unlawful society or to
be in any way connected therewith.

(2) All persons so arrested and all articles so seized may be
detained in custody and brought before a magistrate to be dealt with
according to law.





20. (1) The Registrar or an assistant registrar may summon before
him any person whom he has reason to believe to be able to give any
information as to the existence or operations of any unlawful society,
or suspected unlawful society, or as to the operations of any registered
society or exempted society.

(2) The person so summoned shall attend at the hour and place in
the summons specified, ancl produce all documents in his custody,
possession or power relating to such society or suspected society, and
answer truthfully all questions which the Registrar or an assistant
registrar puts to him.

(3) The Registrar and every assistant registrar may administer
oaths to and examine on oath any person summoned before him under
this section.

(4) If any person summoned by the Registrar or an assistant
registrar under this section shall without lawful excuse fail to comply
with any obligation imposed upon him by subsection (2) or shall give
information which the Registrar or assistant registrar believes to be
false, the Registrar or assistant registrar may, if he considers it advisable
to provide for the future identification of such person, order that a
photograph and impressions of fingerprints of such person be taken at
such time and in such place and manner as the Registrar or assistant
registrar may think fit.

(5) Any person who refuses to comply with such order or who
obstructs compliance with such order may be arrested and detained in
custody and shall be liable on summary conviction to a fine of two
hundred dollars.

(6) No statement inade by a person summoned before the
Registrar or aii assistant registrar under the provisions of this section
shall subject him to any arrest or criminal prosecution, or be proved
against him in any criminal proceeding, except a prosecution for failing
to answer truthfully under this section.

21. Except in the case of persons charged under the provisions of
section 15 and of persons arrested under the provisions of section 19
and subsection (5) of section 20, no





person shall be charged with an offence under this Ordinance or any
rule made thereunder unless the prior consent in writing of the
Attorney General has been obtained.

22. Any books, accounts, writings, banners , insignia or other
property belonging to any unlawful society shall upon order of a
magistrate be forfeited and given to the Registrar or to an assistant
registrar for disposal in such manner as he may see fit.

23. Every summons, notice or other document issued under this
Ordinance, or under any rule made hereunder, shall be deemed to have
been validly and effectually served, if served in the manner prescribed
by the Magistrates Ordinance, for the service of summonses under that
Ordinance.

24. In any prosecution under this Ordinance the magistrate may
refer, for the purpose of evidence, to 'The Triad Society or Heaven
and Earth Association' by William Stanton and to any other published
book 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.

25. The Governor in Council may by rules prescribe or provide for

(a)the manner of exemption and registration of societies under
this Ordinance;

(b)regulating or restricting changes of the name or objects of
exempted or registered societies;

(c)regulating or restricting changes of the place of business or
place of meetings of registered societies or of exempted
societies;

(d)forms which may be used for carrying out the provisions of
this Ordinance;

(e)information to be furnished to the Registrar;
(f) contraventions of rules made hereunder which shall be deemed to be
offences, and prescribing penalties therefor: Provided that
no penalty so prescribed shall exceed a fine of one thousand
dollars and imprisonment for six months;

(g)generally carrying into effect the provisions of this Ordinance
in relation to any matters, whether similar





or not to those in this subsection mentioned, as to which it
may be expedient to make rules. [26]

26. This Ordinance shall continue in force until and including the
31st day of December, 1950: Provided that it shall be lawful for the
Legislative Council by resolution to extend the duration of this
Ordinance for such term, not exceeding one year at a time, as may be
specified in such resolution.
28 of 1949. Short title. Interpretation. (Cap. 32.) (Cap. 64.) [s. 2 cont.] Appointment of Registrar of Societies. Societies deemed to be established in the Colony. Registration of societies. Cessation of existence of a society. Information to be furnished by societies. Persons responsible for supplying information. Unlawful societies. Penalties on office-bearer etc. of an unlawful society. Penalties on member of unlawful society. Persons allowing unlawful unlawful society on premises. Presumptions. [s. 13 cont.] Presumption of membership etc., of society. Society using a Triad ritual to be deemed an unlawful society. Offences. Governor in Council may order dissolution of any registered or exempted society. Power of Registrar, etc., to enter place kept as place of meeting. Power of entry by Registrar, etc., in special cases. Power of entry and search. Powers of Registrar to summon witnesses. Consent to prosecution. Forfeiture. Service of summons. (Cap. 227.) Evidence. Rules. [s. 25 cont.] Duration.

28 of 1949. Short title. Interpretation. (Cap. 32.) (Cap. 64.) [s. 2 cont.] Appointment of Registrar of Societies. Societies deemed to be established in the Colony. Registration of societies. Cessation of existence of a society. Information to be furnished by societies. Persons responsible for supplying information. Unlawful societies. Penalties on office-bearer etc. of an unlawful society. Penalties on member of unlawful society. Persons allowing unlawful unlawful society on premises. Presumptions. [s. 13 cont.] Presumption of membership etc., of society. Society using a Triad ritual to be deemed an unlawful society. Offences. Governor in Council may order dissolution of any registered or exempted society. Power of Registrar, etc., to enter place kept as place of meeting. Power of entry by Registrar, etc., in special cases. Power of entry and search. Powers of Registrar to summon witnesses. Consent to prosecution. Forfeiture. Service of summons. (Cap. 227.) Evidence. Rules. [s. 25 cont.] Duration.

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