SOCIETIES ORDINANCE

SOCIETIES ORDINANCE

LAWS OF HONG KONG

SOCIETIES ORDINANCE

CHAPTER 151





CHAPTER 151

SOCIETIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1...................................Short title 3

2........................Interpretation ........................... 3
3........................Appointment of Registrar of Societies 4

4.................Societies deemed to be established in Hong Kong 4

5. Registration ...............................................
...............................4
6. Refusal of registration, etc . ........ ......................... 5

7.................................Name of society 5
8................................Rules of a society 6
9...............................Keeping of registers 7
9A....................Requirements as to place of meeting, etc . 7
9B...............................Register of members 7
10...........Cancellation of registration and exemption from registration 8
11...............................Branch of a society 10
12.....................................Appeals 10
13.......................Cessation of existence of a society 11

14. Dissolution of a society ...........................
...................................................... 11

15. Information to be furnished by societies ....... 11

16. Persons responsible for supplying information 12

17. Disputes .................................... 12

18. Unlawful societies ...................13

19. Penalties on office-bearer, etc. of an unlawful society ......................... 13
20. Membership, etc .
............................................................ 13

21. Persons allowing unlawful society on premises 14
22. Penalty for inciting, etc., a person to become a member of an unlawful society 14

23.....................................1 Penalty for procuring subscription or aid for an unlawful society ... 14
24.....................................Liability of person convicted of an offence under section 19, 20 or 29 14

25. Liability of office-bearer of a society whose registration or exemption from

registration has been cancelled .. 15

26. Liability of office-bearer, etc. for offence committed by society 15

26A.....................................Triad Renunciation Tribunal constitution and procedure 15

26B.............................Appointment of members 16
26C..........................Application for declaration 16

26D.................................Form of application ............. 16

26E......................Procedure of Tribunal on application 17
26F.........................Appearance before the Tribunal 17





Section Page

26G. Renunciation ..........................................................
............................................. 18

26H. Certificate a stay to certain proceedings 18
261. Issue of certificates on conviction for certain offences and in other cases 19
26J. Certificates as proof ..............19
26K. Records ............................19
26L. Proceedings and records to be confidential 20
26M. Offences relating to renunciation applications 20
27. Presumptions ........................20
28. Presumption of membership, etc., of society 21
29. Activities of a society before registration 21
30. Governor in Council may order dissolution of any registered or exempted

society .................................................................................................................. 21

31. Power of Registrar, etc., to enter place or premises kept as place of meeting 22

32. Power of entry by Registrar, etc., in special cases ......................... 22
33. Powers of entry and search ..........22
34. Powers of Registrar to summon witnesses 22
35. Consent to prosecution ..............23
36. Forfeiture .......................................... 23
36A. Service of notices .................23
37. Service of summons ..................23
38. Protection of informers .............24
39. Evidence ............................24
40. Power of Registrar to authorize winding up 24

41. Rules ......................................................................................... 25
42. Transitional .............................................................................................................. 25

Schedule. Persons to which the Ordinance does not apply 25





CHAPTER 151
SOCIETIES
To provide for the registration of societies and for matters related thereto.
[27 May 19491

Originally 28 of 1949 (Cap. 151, 1950) 3 of 1952, 25 of 1952, 31 of 195 7, 15 of 1959, 28 of
1961, 4 of 1964, L.N. 59164, 36 of 1964, L.N. 158165, L.N. 96166, L.N. 207167, L.N.
122168, L.N. 177169, L.N. 4170, 85 of 1970, L.N. 107173, L.N. 94174, L.N. 112174, L.N.
93175, L.N. 225175, L.N. 17182, 36 of 1982, L.N. 14183, L.N. 18183, L.N. 309185, L.N.
19187, 30 of 1988, 58 of 1988, 71 of 1988,

Short title

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

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires

'branch of a society' includes any society which is in any way subordinate to any
other society; (Added, 28 of 1961, s. 2)

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

'local society' means any society organized and established in Hong Kong or
having its headquarters or chief place of business in Hong Kong, and includes
any society deemed to be established in Hong Kong by virtue of subsection
(2A) or section 4; (Amended, 36of 1982,s. 2and30of 1988,s. 4)

'office-bearer' of a society means any person who is the president, or
vicepresident, or secretary or treasurer of such society or any branch thereof,
or who is a member of the committee or governing body of such society or any
branch thereof, or who holds in such society or any branch thereof any office
or position analogous to any of those mentioned above or inthe case of a triad
society, any person holding any rank or office in the triad society other than
that of any ordinary member; (Amended, 31 of 1957, s. 2 and 28 of 1961, s. 2)

'prescribed' means prescribed by rules made under section 41; (Added, 28 of
1961,s.2)

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

'Registrar' means the Registrar of Societies and any assistant registrar appointed in
accordance with the provisions of section 3; (Replaced, 28 of 1961,s.2)

,,society' means any club, company, partnership or association of persons,
whatever the nature or objects, to which the provisions of this Ordinance
apply; (Replaced, 28 of 1961, s. 2)

'triad ritual' means any ritual commonly used by triad societies, any ritual closely
resembling any such ritual and any part of any such ritual; (Added, 28 of 1961,
s. 2)





'Tribunal' means the Triad Renunciation Tribunal established by section

26A. (Added, 58 of 1988, s. 2)

(2) Subject to subsection (M), the provisions of this Ordinance shall not apply
to any person listed in the Schedule. (Added, 28 of 1961, s. 2. Amended, 36 of 1982, s. 2)

(M) In the case of a society which is a person listed in the Schedule by reason
only that it is registered under the Business Registration Ordinance (Cap. 3 10) this
Ordinance shall apply if the Registrar gives notice to the society in writing stating
that the society, in his opinion, is not or has ceased to be used solely for religious,
charitable, social or recreational purposes, and the society shall be deemed to be
established in Hong Kong on the date on which the notice is given. (Added, 36 of
1982, s. 2. Amended, 30 of 1988, s. 4)

(3) The Governor in Council may by order amend the Schedule.

(Added, 28 of 1961, s. 2)

Appointment of Registrar of Societies

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

(Amended, 30 of 1988, s. 4)

Societies deemed to be established in Hong Kong

4. A society shall be deemed to be established in Hong Kong, although it is
organized and has its headquarters or chief place of business outside Hong Kong, if
any of its office-bearers or members resides in Hong Kong or is present therein, or if
any persons in Hong Kong manages or assists in the management of such society
or solicits or collects 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 Hong Kong; and

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

(c) no register of members of such society is kept in Hong Kong; and

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

(Amended, 30 of 1988, s. 4)

Registration

5. (1) Within 14 days after it is established, or deemed to be established by
virtue of section 2(2A) or 4, every local society shall make application to the
Registrar for registration or for exemption from registration under this Ordinance, in
such form and such manner as shall be prescribed. (Amended, 36 of 1982,s. 15)





(2) The Registrar may register the society or if he is satisfied that the
society is established solely for religious, charitable, social or recreational
purposes or as a rural committee or as a federation or other association of
rural committees, he may in his absolute discretion exempt the society from
registration.
(Replaced, 28 of 1961, s. 3)

Refusal of registration, etc.

6. (1) The Registrar may refuse to register or to exempt from registra-
tion a society if-

(a)the society is a branch of or is affiliated to or is connected with any
society whose registration has been cancelled or whose exemption
from registration has been rescinded; or

(b) the society is unlawful by virtue of any other enactment; or

(e)any group of members of the society or any office-bearers of the
society have in any way been connected with or participated in or
instigated or supported the commission of an offence under this
Ordinance, or any office-bearer of the society has been convicted of an
offence under any other Ordinance which, in the opinion of the
Registrar, renders him unfit to hold office in the society. (Amended,
36 of 1982, s. 3)

(2) The Registrar, after consultation with the Chief Secretary, may refuse
to register or to exempt from registration a society if he is satisfied that-

(a)the society is a branch of or is affiliated to or is connected with any
organization or group of a political nature established outside Hong
Kong; or

(b)the society has exercised or is exercising or intends to exercise or has
attempted to exercise influence over the conduct or management of
any school as defined by section 3 of the Education Ordinance (Cap.
279), or over any teacher or pupil in any such school and that such
influence is-
(i) of a political nature; or
(ii) prejudicial to the conduct or management of such school or to
the welfare and good order of any such teacher or pupil; or

(c)the society is likely to be used for any purpose prejudicial to or
incompatible with peace, welfare or good order in Hong Kong.
(Added, 28 of 1961, s. 3. Amended, 30 of 1988, s. 4)

Name of society

7. (1) The Registrar shall refuse to register or to exempt from registra-
tion any society, and shall refuse to permit a society to change the name of the
society if the name, or the new name, as the case may be, of the society-

(a)contains the words 'rural committee' or any other words which in the
opinion of the Registrar, suggest or are calculated to suggest that the
society is a rural committee or a federation or other association of





rural committees unless such society is a rural committee or a federation
of rural committees acknowledged as such by the Secretary
for District Administration; or (Amended, L.N. 94/74; L.N. 17/82
and L.N. 14/83)

(b) is identical with that by which a society already in existence is known or so
nearly resembles that name as to be calculated in the opinion of the
Registrar to mislead; or

(c) in the opinion of the Registrar is calculated to mislead members of the
public as to the true character or purpose of the society; or

(d) in the opinion of the Registrar suggests or is calculated to suggest that the
society belongs to a class of persons listed in the Schedule, other than a
society to which a notice under section 2(2A) has been given. (Amended,
36 of 1982, s. 15)

(2) For the purpose of subsection (1)(a) the Secretary for District Admini-
stration, in his absolute discretion, may issue to any society a certificate in such
form as he may prescribe showing that he acknowledges such society as a rural
committee or as a federation or other association of rural committees and may
cancel, amend or withdraw any such certificate and the issue or withdrawal of
such certificate shall be conclusive evidence as to whether or not a society is
acknowledged by the Secretary for District Administration as a rural committee
or as a federation or other association of rural committees. (Amended,
L.N. 94174; L.N. 17182 and L.N. 14183)

(3) No registered society or exempted society shall change its name without
the prior consent in writing of the Registrar.

(Added, 28 of 1961, s. 3)

Rules of a society

8. (1) Subject to the provisions of section 9(3), no society shall be registered or
exempted from registration if the constitution or rules thereof do not, to the
satisfaction of the Registrar, contain

(a) such matters as are prescribed; and

(b) such other matters as the Registrar may reasonably require.

(2) No amendment to the constitution or rules of a registered society or an
exempted society shall be made except in accordance with the prior approval in
writing of the Registrar, which approval may be withheld if the constitution or rules
as amended would not comply with the provisions of subsection (1). (Amended, 36
of 1982, s. 4)

(2A) The Registrar may, at any time, in the case of a society registered or
exempted from registration before 21 July 196 1, by notice served on such society
require the society to amend its constitution or rules to contain

(a) such matters as are prescribed; and

(b)such other matters as the Registrar may reasonably require. (Added, 36 of
1982, s. 4)





(3) If at any time it appears to the Registrar that the activities of any
registered society or any exempted society are not in accordance with the objects
of the society as set out in the constitution or rules of the society, the Registrar
may by notice served on the society order the society to desist from such
activities.
(Added, 28 of 1961, s. 3)

Keeping of registers

9. (1) When the Registrar agrees to register a society or to grant to a
society exemption from registration in accordance with the provisions of this
Ordinance he shall forthwith enter or cause to be entered in a register of
registered societies or a register of exempted societies, as the case may be, kept
for that purpose the particulars given in the application form and the date of his
order directing registration or exemption from registration.

(2) Any register kept in accordance with the provisions of this section
shall be available for inspection during office hours by members of the general
public in such manner, and on payment of such fees, as may be prescribed.
(Amended, 30 of 1988, s. 2)

(3) In granting a society exemption from registration, the Registrar may
grant the society exemption from compliance with the provisions of sections 8
and 11 upon such conditions as he shall consider necessary and may revoke or
amend such exemption.
(Added, 28 of 1961, s. 3)

Requirements as to place of meeting, etc.

9A. (1) The Registrar may, by notice in writing served on any registered
society, require the society to furnish him in writing within such time as may be
specified in the notice such particulars as may be so specified relating to every
place or premises kept or used by the society as a place of meeting or place of
business.

(2) Where any change takes place in the particulars furnished to the
Registrar under subsection (1) in respect of a registered society, the society shall
within 14 days after the date when the change takes place notify the Registrar
thereof in writing.

(3) The Registrar may, by notice in writing served on any registered
society, direct the society that it shall not, except with his permission in writing,
use any place or premises specified in the notice as a place of meeting or place
of business.
(Added, 36 of 1982, s. 5)

Register of members

9B. (1) The Registrar may, by notice in writing served on any registered
society, require the society to keep a register of the members of the society in
such form and containing such particulars as may be specified in the notice, and
any such notice may require the society to retain on the register, for 3 years after
the membership of any member thereof has expired, the name and other
particulars of such member.





(2) A notice under this section shall specify the date on and after which the
register of members is to be kept not being a date earlier than 1 month after the date
of the notice.

(3) A register kept under this section shall be available for inspection on
demand made at any reasonable time by the Registrar or an assistant registrar.
(Added, 36 of 1982, s. 5)

Cancellation of registration and exemption from registration

10. (1) The Registrar may serve on a society notice in such form as may be
prescribed, requiring the society to show cause to his satisfaction, within 14 days of
such service, why the registration or exemption from registration of the society
should not be cancelled by reason of the fact that

(a) the society is a branch of, or is affiliated to or is connected with-

(i) any society whose registration or exemption from registration has
been cancelled under this section; or

(ii) any society deemed to be an unlawful society under section 18; or
(Replaced, 36 of 1982, s. 6)

(b) the society is unlawful by virtue of any other enactment; or

(c)any group of members of the society or any office-bearers of the society
have in any way been connected with or participated in or instigated or
supported the commission of an offence under this Ordinance, or any
office-bearer of the society has been convicted of an offence under any
other Ordinance which, in the opinion of the Registrar, renders him unfit to
hold office in the society; or (Amended, 36 of 1982, s. 6)

(d)the society has altered the constitution or rules thereof in contravention of
the provisions of section 8(2); or

(e)the society has failed to comply with a notice served on it in accordance
with the provisions of section 8(2A) or (3); or (Amended, 36 of 1982, s. 6)

(ea) in the case of a registered society, the society has contravened section
9A or 9B or has failed to comply with any requirement or direction
thereunder; or (Added, 36 of 1982, s. 6)

(eb) within the preceding 6 months, a meeting of the society or the office-
bearers of the society has been held for any purpose which involved the
commission of an offence under this Ordinance; or (Added, 36 of 1982, s.
6)

(ec) on 2 or more occasions within the preceding 12 months 2 or more persons
convicted of a criminal offence have

(i) been permited to be present at any meeting of the society; or

(ii) frequented any place or premises owned, occupied, used or
controlled by the society, or of which the society is the lessee,

otherwise than for any purpose relating to the probation, rehabilitation or
moral improvement of such persons; or (Added, 36 of 1982,s.6)





(ed) on 2 or more occasions within the preceding 12 months an offence under

(i) the Dangerous Drugs Ordinance (Cap. 134); or

(ii) the Gambling Ordinance (Cap. 148); or

(iii) Part XII of the Crimes Ordinance (Cap. 200),

has been committed in connection with or in respect of any place or
premises owned, occupied, used or controlled by the society, or of which
the society is the lessee; or (Added, 36 of 1982, s. 6)

(ee) within the preceding 12 months, members of the society numbering more
than 10 per cent of the membership of the society, or more than 10
members thereof, whichever is the lesser, have been convicted of any
criminal offence; or (Added, 36 of 1982, s. 6)

(ef) within the preceding 6 months, the society has on 2 or more occasions
failed to conduct the activities of the society or meetings thereof in such
manner as to prevent disturbance or disorder; or (Added, 36 of 1982,s.6)

(eg) the society has on 2 or more occasions been in breach of its obligations
under this Ordinance; or (Added, 36 of 1982, s. 6)

the society is a branch of or is affiliated to or is connected with any
organization or group of a political nature established outside Hong
Kong; or (Amended, 30 of 1988, s. 4)

(g)the society has exercised or is exercising or intends to exercise or has
attempted to exercise influence over the conduct or management of any
school as defined by section 3 of the Education Ordinance (Cap. 279), or
over any teacher or pupil in such school and that such influence is

(i) of a political nature; or

(ii) prejudicial to the conduct or management of such school or to the
welfare and good order of any such teacher or pupil; or

(h)in the case of a society which has been exempted from registration, the
society, in the opinion of the Registrar, has ceased to be used solely for
religious, charitable, social or recreational purposes or to be a rural
committee or a federation or other association of rural committees.

(2) A copy of such notice shall be published in the Gazette within 7 days after
the date of such service.

(3) If within such period of 14 days the society does not show cause to the
Registrar why the registration or exemption from registration of the society should
not be cancelled

(a)if the notice was served on a ground set forth in subsection (1)(a), (b),
(c), (d), (e), (ea), (eb), (ec), (ed), (ee), (af) or (eg), the Registrar shall
cancel the registration or exemption from registration of the society; and
(Amended, 36 of 1982, s. 6)

(b)if the notice was served on a ground set forth in subsection (1)(j), (g) or
(h), the Registrar, after consultation with the Chief Secretary, may cancel
the registration or exemption from registration of the society.





(4) Notice of any such cancellation shall, as soon as is practicable thereafter,
be

(a) served on the society;

(b)affixed in a conspicuous manner on any building occupied by the society
and at the nearest police station of the police district in which such
building exists; and

(c) published in the Gazette.

(5) Any cancellation in accordance with the provisions of this section shall
take effect on the expiry of 14 days from the date when notice thereof was published
in the Gazette or from the determination of any appeal against such cancellation in
accordance with the provisions of this Ordinance whichever is the later.

(Added, 28 of 1961, s. 3)

Branch of a society

11. (1) No branch of a society shall he established without the prior approval of
the Registrar.

(2) The Registrar may refuse his consent to the establishment of a branch of
the society if

(a)the constitution or rules of the society do not provide for the
establishment of a branch of the society; or

(b)the constitution or rules of the branch of the society are such as to make
the branch of the society an independent society not adequately under the
control of the society.

(3) Every branch of the society established without the prior approval of the
Registrar shall be deemed to be an unlawful society.

(Added, 28 of 1961, s. 3)

Appeals

12. (1) Any person aggrieved by a decision of the Registrar under this
Ordinance or a decision of the Secretary for District Administration under
section 7(2), may appeal to the Governor in Council and on any such appeal the
Governor in Council may confirm, vary or reverse the decision of the Registrar
or of the Secretary for District Administration, as the case maybe. (Amended,
L.N. 14183)

(2) In the case of a decision in regard to a society, the society or any office-
bearer or member thereof who is aggrieved by the decision may appeal under
subsection (1).

(3) An appeal under subsection (1) may be made within 30 days after the date
when the decision was notified to the person or the society or the date of
publication of the notice of the decision in the Gazette, whichever is the later.

(4) The operation of any decision appealed against under subsection (1) shall
be suspended until the appeal has been heard and determined by the Governor in
Council.

(Replaced, 36 of 1982, s. 7)





Cessation of existence of a society

13. (1) If the Registrar has reason to believe that any registered or
exempted society has ceased to exist, he may publish in the Gazette a notifica-
tion calling upon such society to furnish him with proof of its existence within 3
months from the date of such notification.

(2) If at the expiration of such 3 months 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 from the date of
such publication.

Dissolution of a society

14. (1) If a registered society or an exempted society decides to dissolve
itself the society shall notify the Registrar of its decision by notification in
writing signed by one or more of the principal office-bearers of the society.

(2) On receipt of any such notification the Registrar shall as soon as
practicable thereafter, publish in the Gazette in English and in Chinese
characters notice of such notification stating that if no objection is received by
him within 14 days after the date of such publication, he will cancel the
registration or exemption from registration of the society as the case may be.

(3) If no objection to such notice is received within such period, the
Registrar shall cancel such registration or exemption as the case may be.

(4) If any objection to such notification is received by the Registrar he
may, after such inquiry as he shall consider necessary, either cancel such
registration or exemption or refuse to cancel such registration or exemption.

(5) Notice in such form as may be prescribed of any such cancellation or
refusal shall be published and served in accordance with the provisions of
section 10(4).
(Added, 28 of 1961, s. 4)

Information to be furnished by societies

15. (1) The Registrar may, at any time, by notice in writing served on any
exempted society or registered society require any such society to furnish him in
writing with-

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

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

(ba) the address and other particulars specified in the notice of every place
or premises owned, occupied, used or controlled by any such society,
or of which any such society is the lessee, at such date as shall be
specified in the notice; (Added, 36 of 1982, s. 8)

(e)a true and complete return of the number of meetings held by any such
society in Hong Kong within the period of 6 months immediately
preceding such notice, stating the place or premises at which such
meetings were held;





(d) such other information as may be specified in such notice.

(2) A notice served under subsection (1) shall specify the time within which
(being not less than 7 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.

(Amended, 36 of 1982, s. 8 and 30 of 1988, s. 4)

Persons responsible for supplying information

16. (1) The obligations imposed upon registered societies by sections 9A and
9B and upon exempted societies and registered societies by section 15 shall be
binding upon every office-bearer and upon every person managing or assisting in
the management of any such society in Hong Kong: (Amended, 30 of 1988, s. 4)

Provided that any such office-bearer or other person as aforesaid shall not be
so bound unless he has been served with the notice under the relevant section.

(2) If any exempted society or registered society fails to comply with the whole
or part of any notice served under section 9A, 9B or 15, each of the persons
mentioned in subsection (1) who has been served as aforementioned shall be liable
on summary conviction to a fine of $10,000 unless he establishes to the satisfaction
of the court that he has exercised due diligence and has failed to comply with the
notice for reasons beyond his control.

(3) If any information supplied to the Registrar in compliance with a notice
served under section 9A or 15 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 $10,000 unless he establishes to the satisfaction of the court
that he had good reason to believe that the information was true, correct and
complete.

(Amended, 36 of 1982, s. 9)

Disputes

17. (1) If the Registrar is of the opinion that a dispute has occurred among the
members of office-bearers of a registered society as a result of which the Registrar is
not satisfied of the identity of the persons who have been properly constituted as
office-bearers of the society, the Registrar may serve notice on the society requiring
the society, within one month of the service of such notice, to produce to him
evidence of the settlement of any such dispute and of the proper appointment of the
lawful office-bearers of the society or of the institution of proceedings for the
settlement of such dispute.

(2) If any such notice as is provided in subsection (1) is not complied with to
the satisfaction the Registrar within the period of one month, the Registrar may
cancel the registration of the society.

(3) Notice of any such cancellation shall be served and published in
accordance with the provisions of section 10(4).

(Added, 28 of 1961, s. 5)





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 application
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)

(Replaced, 28 of 1961, s. 6)

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

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 5 100,000 and to
imprisonment for 5 years.

(Amended, 28 of 1961, s. 7; 36 of 1964, s. 3 and L.N. 19187)

Membership, etc.

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. 19187)

(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)





(a)in the case of a first conviction for that offence to a fine of $50,000 and to
imprisonment for 3 years; and

(b)in the case of a second or subsequent conviction for that offence to a fine
of $100,000 and to imprisonment for 7 years. (Amended, L.N. 19187)

(Replaced, 28 of 1961, s. 8)

Persons allowing unlawful society on premises

21. 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
conviction on indictment in the case of a first conviction for that offence, to a fine of
550,000 and to imprisonment for 3 years and in the case of a second or subsequent
conviction for that offence, to a fine of $100,000 and to imprisonment for 5 years.

(Amended, 28 of 1961, s. 9 and L.N. 19187)

Penalty for inciting, etc., a person to become
a member of an unlawful society

22. Any person who incites, induces or invites another person to become a
member of or assist in the management of an unlawful society and any person who
uses any violence, threat or intimidation towards any other person in order to
induce him to become a member or to assist in the management of an unlawful
society shall be liable on conviction on indictment to a fine of $50,000 and to
imprisonment for 3 years.

(Added, 3 of 1952, s. 5. Amended, 28 of 1961, s. 10; 36 of 1982, s. 10 and

L.N. 19187)

Penalty for procuring subscription or aid
for an unlawful society

23. Any person who procures or attempts to procure from any other person
any subscription or aid for the purposes of an unlawful society shall upon
conviction on indictment be liable to a fine of $10,000 and to imprisonment for 1
year.

(Added,3 of 1952,s.5. Amended, 28 of 1961, s. 10 and 36 of 1982,s.11)

Liability of person convicted of an offence under
section 19, 20 or 29

24. Any person who, having been convicted of any offence under section 19 or
20 or, before 21 July 1961, under section 29(2), becomes an office-bearer of any other
society without the permission in writing of the Registrar shall be liable on
conviction on indictment to a fine of $15,000 and to imprisonment for 3 years.

(Added, 31 of1957,s.4. Amended, 28 of 1961, ss. 10 and]]; 4 of 1964,

s. 2 and L.N. 19187)





Liability of office-hearer of a society whose registration or
exemption from registration has been cancelled

25. If the registration or exemption from registration of any society has
been cancelled under section 10, any office-bearer of such society at the time of
such cancellation who, after that time, becomes an office-bearer of any other
society without the permission in writing of the Registrar shall be liable on
conviction on indictment to a fine of $15,000 and to imprisonment for 3 years.
(Replaced, 28 of 1961, s. 12. Amended, L.N. 19187)

Liability of office-bearer, etc. for offence
committed by society

26. (1) Where any offence punishable with a fine or imprisonment has
been committed, whether or not any person has been convicted in respect
thereof, and such offence has been committed or purports to have been
committed in the name or on behalf of any society, every office-bearer of such
society and every person managing or assisting in the management of such
society at the time of the commission of such offence shall be deemed to be
guilty of such offence and shall be liable to the punishment prescribed by law
therefor, unless he establishes to the satisfaction of the court that the offence
was committed without his knowledge and that he had exercised all due
diligence to prevent the commission of the offence.

(2) Any office-bearer and person managing or assisting in the manage-
ment of such society shall be liable to be prosecuted under this section,
notwithstanding that he may have taken part in the commission of the offence.

(3) In any prosecution under subsection (1) of an office-bearer or any
person managing or assisting in the management of a society, any document
found in the possession of an office-bearer of such society or of a person
assisting in the management of such society or of a member of such society or in
any place or premises owned, occupied, used or controlled by such society, or of
which such society is the lessee, shall be prima facie evidence of the contents
thereof for the purpose of proving that anything has been done or purports to
have been done by or on behalf of such society. (Amended, 36 of 1982, s. 15)
(Added, 31 of 1957, s. 4)

Triad Renunciation Tribunal constitution and procedure

26A. (1) There is established a tribunal to be known as the Triad
Renunciation Tribunal which shall consist of a Chairman and such number of
other members as the Governor considers appropriate for the time being.

(2) The Tribunal shall carry out the functions and duties imposed on it by
this Ordinance.

(3) The Chairman of the Tribunal shall convene meetings of the Tribunal
when required to enable it to perform its functions.

(4) Subject to this Ordinance, the Tribunal may determine its own
procedure.

(5) For the purposes of hearing an application for a declaration made
under section 26C, not less than 3 members of the Tribunal shall be present, one
of whom shall be-





(a) the Chairman; or

(b) a person authorized under section 2613(3).

(Added, 58 of 1988, s. 3)

Appointment of members

26B. (1) The Governor shall appoint the members of the Tribunal for a term not
exceeding 5 years.

(2) The Governor may reappoint a retiring member at the expiration of his term.

(3) The Governor may appoint a person to be the Chairman of the Tribunal and
may appoint other members to carry out the functions of the Chairman in the event
of the incapacity or absence from Hong Kong of the Chairman or if the office of
Chairman is vacant.

(4) A member or the Chairman may resign his appointment at any time by
notice in writing to the Governor.

(Added, 58 of 1988, s. 3)

Application for declaration

26C. A person who has been, or believes that he has been, admitted as a
member of a triad society may apply to the Tribunal in the form specified under
section 26D(1) to renounce his membership of the triad society.

(Added, 58 of 1988, s. 3)

Form of application

26D. (1) The Tribunal may specify the form of application to the Tribunal and,
without limiting the Tribunal's power to require any relevant information, the
Tribunal may require the applicant to disclose in the form

(a)the applicant's full name (including any aliases) and identity card number;

(b) the applicant's residential address;

(c)if the applicant is under 16 years of age, the names of the applicant's
parents and whether he believes one or both parents are aware of the
application;

(d)the name of the triad society of which the applicant is a member or claims
membership;

(e) when and where he claims he became a member of the triad society;

(f) details of recruitment and following within the triad society;

(g) details of any initiation ceremony undertaken;

(h)if the applicant is an office-bearer in a triad society, details of the rank
held, date and place of promotion and any promotion initiation ceremony
undertaken;

(i)if the applicant is aware of any police investigation relating to his
involvement in any alleged offences under this Ordinance;





(j)if any criminal proceedings against the applicant are currently before
any court; and

(k)if the applicant has been convicted of any offence under section 19, 20,
21, 22 or 23 and, if so, particulars of the convictions.

(2) The applicant shall verify the details set out in an application by a
statutory declaration.

(3) The Tribunal may authorize a person to administer an oath and the
person shall be a person authorized by law to administer an oath for the
purposes of section 12 of the Oaths and Declarations Ordinance (Cap. 11).

(4) The Tribunal may at any time require an applicant to submit himself
to have his finger-prints taken and, if it does, shall not hear the application until
the finger-prints are taken.
(Added, 58 of 1988, s. 3)

Procedure of Tribunal on application

26E. (1) The Tribunal shall notify the applicant of the time and place of
the hearing of his application.

(2) The Tribunal shall satisfy itself that there is no current relevant police
investigation of the applicant or relevant criminal proceedings against the
applicant before proceeding with the application.

(3) If the Tribunal is aware of a police investigation of, or criminal
proceedings against, the applicant in relation to any matter the subject of an
application-

(a) it shall adjourn the application; and

(b)the applicant shall not be entitled to renounce membership of the triad
society,

until the Tribunal is satisfied that the investigation, proceedings or both are
discontinued or completed.

(4) The Tribunal may examine the applicant and any other persons
appearing before it and take evidence on oath and administer oaths and
affirmations.

(5) The Tribunal shall-

(a)determine if the applicant was admitted as a member of a triad society;
and

(b)if it is satisfied that the applicant has disclosed to the Tribunal an
offence under section 19, 20, 21, 22 or 23 record the offence.

(6) An applicant may, at any time before the Tribunal makes a determina-
tion, withdraw his application.
(Added, 58 of 1988, s. 3)

Appearance before the Tribunal

26F. (1) The applicant and, if he is a child or young person within the
meaning of the Juvenile Offenders Ordinance (Cap. 226), either or both of his
parents, or a guardian may appear before the Tribunal.





(2) Subject to subsection (1), a person who appears before the Tribunal shall
not be entitled to be represented by a barrister, solicitor or any other person.

(Added, 58 of 1988, s. 3)

Renunciation

26G. (1) If the Tribunal determines that an applicant was admitted as a member
of a triad society, the applicant may renounce his membership of the triad society
and a member of the Tribunal shall administer an oath or affirmation of renunciation
to the applicant, advise him that if he is convicted of an offence under section 19, 20,
21, 22 or 23 within 5 years the court or magistrate will be informed of his disclosure
to the Tribunal and advise him of his right to request a certificate under sections
26H(1) and 261(3).

(2) If after considering an application for renunciation, the Tribunal is not
satisfied that an applicant has been admitted as a member of a triad society but is
satisfied that he has disclosed his involvement in an offence under section 19, 20,
21, 22 or 23, the Tribunal shall inform the applicant of its findings and of his right to
apply for a certificate under sections 26H(1) and 261(3), and advise him that if he is
convicted of an offence under section 19, 20, 21, 22 or 23 within 5 years the court or
magistrate will be informed of his disclosure to the Tribunal.

(Added, 58 of 1988, s. 3)

Certificate a stay to certain proceedings

26H. (1) A person who

(a) renounced his membership of a triad society under section 26G(1); or

(b) has had an offence recorded under section 26E(5)(b),

and who is charged before a court or magistrate with an offence under section 19,
20, 21, 22 or 23 for an offence which is alleged to have occurred prior to his
renunciation or the recording of the offence may request the Tribunal to issue a
certificate under subsection (3).

(2) The court or magistrate hearing the matter shall, on the request of the
accused, adjourn the proceedings on the terms as it or he thinks fit to enable a
request to be made under subsection (1).

(3) If a person makes a request under subsection (1), the Tribunal shall issue to
the court or magistrate hearing the matter a certificate as to the matters set out in
paragraphs (a) and (b) of that subsection, and, where an offence has been recorded,
giving particulars of the offence.

(4) In a prosecution under section 19, 20, 21, 22 or 23 for an offence which
occurred before the date on which he renounced his membership of the relevant
triad society or the Tribunal recorded the offence for which he is charged, a
certificate

(a)that the person has renounced his membership of the relevant triad
society shall stay proceedings for an offence under section 19 or 20, being
an offence in which membership of a triad society is relevant, if the
offence occurred before the date of the renunciation;





(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 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





(b)it has recorded that the applicant has disclosed an offence under section
19, 20, 21, 22 or 23.

(Added, 58 of 1988, s. 3)

Proceedings and records to be confidential

26L. (1) A member of the Tribunal or any person employed to assist the
Tribunal shall not disclose any information concerning any person which is given to
the Tribunal or otherwise comes to knowledge in employment or in carrying out
duties under this Ordinance.

(2) A person who contravenes subsection (1) commits an offence and is liable
on conviction to a fine of $5,000 and to imprisonment for 6 months.

(3) Nothing in this section shall prohibit the disclosure of information required
to be disclosed under this Ordinance or for instituting and prosecuting criminal
proceedings under section 26M.

(Added, 58 of 1988, s. 3)

Offences relating to renunciation applications

26M. (1) Any person who

(a) in an application made under section 26D(1); or

(b) in an examination by the Tribunal,

makes a statement which he knows to be false or does not believe to be true, or
recklessly makes a false statement is guilty of an offence and liable on conviction to
a fine of $50,000 and to imprisonment for 2 years.

(2) Any person who, in proceedings before the Tribunal, impersonates another
person is guilty of an offence and liable on conviction to a fine of $50,000 and to
imprisonment for 2 years.

(3) If a person is convicted of an offence under subsection (1) or (2)-

(a) any renunciation is void; and

(b)any proceedings stayed by the issue of a certificate by the Tribunal may
continue.

(4) If no further step is taken in proceedings stayed by a certificate issued by
the Tribunal for a period of 5 years, these proceedings shall cease with neither a
conviction nor acquittal being recorded.

(Added, 58 of 1988, s. 3)

Presumptions

27. 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 that
contrary is proved;

(b)it shall not be necessary for the prosecution to prove that a society
possesses a name, or that it has 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.

Presumption of membership, etc., of society

28. (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.

(3) When it appears to a magistrate that there is reasonable cause to suspect
that any place or premises entered or 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, any person found in such place
or premises at any time during such search or found leaving therefrom immediately
before or at the time of such entry, shall unless he gives a satisfactory account of the
reasons for his presence in the said place or premises, be presumed to be a member
of the unlawful society. (Replaced, 31 of 1957, s. 5. Amended, 36 of 1982, s. 15)

Activities of a society before registration

29. (1) No society shall carry on any activities until the society has been
registered or exempted from registration under this Ordinance save only such
activities as are necessary to enable the society to complete the establishment of the
society and to apply to the Registrar for such registration or exemption from
registration. (Amended, 36 of 1982, s. 15)

(2) Any member of a society which contravenes the provisions of this section
shall be guilty of an offence and on conviction on indictment shall be liable to a fine
of $5,000 and to imprisonment for 6 months. (Amended, L.N. 19187)

(Replaced, 28 of 1961, s. 13)

Governor in Council may order dissolution of any
registered or exempted society

30. (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 Hong Kong. (Amended, 30 of 1988, s. 4)

(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 and
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 from
such date and time as shall be stipulated in the order be deemed to be an
unlawful society and the registration thereof, if it is a registered society, shall be
cancelled. (Amended, 28 of 1961, s. 14)

Power of Registrar, etc., to enter place or premises
kept as place of meeting

31. The Registrar or an assistant registrar may at any time enter into any
place or premises which he has reason to believe is or are kept or used by any
registered society or any of its members as a place of meeting or place of
business.
(Amended, 36 of 1982, s. 15)

Power of entry by Registrar, etc., in special cases

32. 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 Hong Kong, may enter with
or without assistance and using force for that purpose, if necessary, into any
place or premises which he has reason to believe is or are used as the place of
meeting or place of business of such society, and may search such place or
premises and any person found therein or escaping therefrom for evidence that
such society is being used for such purpose as aforesaid.
(Amended, 36 of 1982, s. 15 and 30 of 1988, s. 4)

Powers of entry and search

33. (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, building or place 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. (Amended, 36 of 1982, s. 15)
(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.

Powers of Registrar to summon witnesses
34. (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, and 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 finger-prints 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 $5,000 and to imprisonment for 3 months.
(Amended, 36 of 1982, s. 12)

(6) No statement made by a person summoned before the Registrar or an
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.

Consent to prosecution

35. Except in the case of persons charged under the provisions of sections 19,
20, 24 and 25 and of persons arrested under the provisions of sections 33 and 34(5),
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.

(Amended, 28 of 1961, s. 15)

Forfeiture

36. 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.

Service of notices

36A. Any notice to be served on a society under this s Ordinance may be sent
to the society by registered post addressed to the last known postal address of the
society.

(Added, 36 of 1982, s. 13)

Service of summons

37. Any summons under section 34 shall be deemed to have been validly and
effectually served, if served in the manner prescribed by the Magistrates Ordinance
(Cap. 227), for the service of summonses under that Ordinance.

(Amended, 36 of 1982, s. 15)





Protection of informers

38. Without prejudice to the provisions of section 34, except as is hereinafter
provided

(a)no information laid under this Ordinance shall be admitted in evidence in
any civil or criminal proceedings whatsoever;

(b)no witness shall be obliged or permitted to disclose the name and address
of any informer under this Ordinance or to state any matter which might
lead to his discovery; and

(c)if any books, documents or papers which are evidence or liable to
inspection in any civil or criminal proceedings whatsoever under this
Ordinance contained any entry in which any informer is named or
described or which might lead to his discovery, the Court or magistrate
shall cause all such passages to be concealed from view or to be
obliterated so far as may be necessary to protect the informer from
discovery but no further:

Provided that if in any criminal proceedings under this Ordinance the Court or
magistrate after full inquiry into the case is satisfied that the strict enforcement of
the provisions of this section would be likely to cause a miscarriage of justice, the
Court or magistrate may require the production of the original information and may
permit inquiry and may require full disclosure concerning the informer.

(Added, 28 of 1961, s. 16)

Evidence

39. In any prosecution under this Ordinance the Court or 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
Court or magistrate may consider to be of authority on the subject to which they
relate.

(Amended, 36 of 1982, s. 15)

Power of Registrar to authorize winding up

40. (1) Notwithstanding the cancellation of the registration or of the exemption
from registration of a society under section 10, or the cancellation of the registration
of a society under section 17, or the dissolution of a society under section 30, the
Registrar or an assistant registrar, on the application of any person, may by writing
under his hand, authorize the doing of such things as he may consider necessary for
the purpose of the winding up of the affairs of such society.

(2) The Registrar or an assistant registrar in such authorization may impose
such terms and conditions as he may consider necessary, including a term
prohibiting or restricting the use of any place or premises specified in the
authorization as a place of meeting or place of business.

(3) Any person who does any act in connection with the winding up of any
such society otherwise than in accordance with an authorization of the





Registrar or an assistant registrar, or who contravenes any requirement, term or
condition of any such authorization shall be guilty of an offence and shall be liable
on summary conviction to a fine of $10,000 and to imprisonment for 1 year.
(Amended, L.N. 19187)

(Added, 15 of 1959, s. 2. Amended, 28 of 1961, s. 17 and 36 of 1982,
s. 14)

Rules

41. (1) 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;

(ca) inspection of the registers of registered societies and exempted societies
kept by the Registrar; (Added, 30 of 1988, s. 3)

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

(e) information to be furnished to the Registrar;

the matters which must be contained in the constitution or rules of any
society which is registered or exempted from registration in accordance
with the provisions of this Ordinance; (Added, 28 of 1961, s. 18.
Amended, 36 of 1982, s. 15)

(g) any fees payable in accordance with the provisions of this Ordinance;

(Added, 28 of 1961, s. 18)

(h)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.

(2) Any rule made under this Ordinance may provide that a contravention
thereof shall be an offence and may provide penalties for such offences not
exceeding a fine of $5,000 and imprisonment for 6 months. (Added, 28 of 1961, s. 18.
Amended, L.N. 19187)

Transitional

42. Nothing in section 1(2) of the Societies (Amendment) (No. 3) Ordinance
1988 (71 of 1988) shall affect any legal proceedings commenced on or before 21 June
1988 in respect of which any non-compliance with this Ordinance by a partnership
has been expressly put in issue on or before that date.

(71 of 1988, s. 1(3), incorporated)

SCHEDULE [s. 21
PERSONS TO WHICH THE ORDINANCE DOES NOT APPLY

(1) Any company registered under the Companies Ordinance (Cap. 32).





(2) Any co-operative society registered under the Co-operative Societies Ordinance (Cap. 33).

(3) Any trade union or any trade union federation registered under the Trade Unions Ordinance
(Cap. 332). (Replaced, L.N. 59164)

(4) Any pupils' association registered under the Education Regulations (Cap. 279, sub. leg.).

(5) Any company or association constituted under Royal Charter, Royal Letters Patent, any
Imperial Act or any Ordinance.

(6) Any company, association or partnership formed for the sole purpose of carrying on any
lawful business and registered under any other Ordinance. (Amended, 71 of 1988, s. 2)

(7) Any Lodge of Freemasons regularly constituted under any of the registered governing bodies
of Freemasons in the Commonwealth or the Republic of Ireland.

(8) Any Chinese temple registered under the Chinese Temples Ordinance (Cap- 153).

(9) Any credit union registered under the Credit Unions Ordinance(Cap. 119)-
(Added,L.N.4/70)

(10) Any corporation registered under the Multi-storey Buildings (Owners Incorporation)
Ordinance (Cap. 344). (Added, L.N. 107173)

(11) Any association of owners or occupiers of premises which is approved for the purposes of
this Ordinance by the Secretary for District Administration by notice in writing. (Added,
L.N.107/73. Amended, L.N. 94/74; L.N. 17/82; L.N.14/83 and L.N. 18/83)

(12) Any association or group of persons which-

(a) is formed for the sole purpose of recreation or training;

(b) conducts its activities wholly or largely in a Community or Youth Centre; and

(c) was formed with and continues to have the approval of the Director of Social Welfare.

(Added, L.N.
112/74)

(13) Any association of which

(a) one or more of the directors, trustees or other office holders; or

(b) the committee or board or other body having the management of the association,

is or are incorporated by any Ordinance. (Added, L.N. 93/75)

(14) The operator of, and participants in, any chit fund, as defined in section 2 of the Chit-Fund
Businesses (Prohibition) Ordinance (Cap. 262), which complies with section 5(2) of that
Ordinance. (Added, L.N. 225/75)

(15) The Consultative Committee for the Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China. (Added, L.N. 309/85)

(Added, 28 of 1961, s. 19)

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