Page:Societies Ordinance, 1949 (Cap. 151).pdf/5

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158
THE HONG KONG GOVERNMENT GAZETTE.

Penalties on office-bearer etc. of 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 not exceeding three thousand dollars and to imprisonment for a term not exceeding three years.

Penalties on member of unlawful society. 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 not exceeding one thousand dollars and to imprisonment for a term not exceeding one year.

Persons allowing unlawful society on premises. 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 not exceeding one thousand dollars and to imprisonment for a term not exceeding one year.

Presumptions. 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 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. 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.

Society using a Triad ritual to be deemed an unlawful society.
Offences.
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) Any person who is or acts as a member 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