Cap. 151 《社團條例》Societies Ordinance

In this Ordinance, unless the context otherwise requires—

(Amended 6 of 2024 s. 134)

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; 75 of 1992 s. 3)

(Repealed 75 of 1992 s. 3)

This Ordinance applies to a society to which it otherwise would not apply under the Schedule by its being registered under the Business Registration Ordinance (Cap. 310) if the Societies Officer gives written notice to the society that he is of the opinion that the society is not used solely for religious, charitable, social or recreational purposes. The society is taken to be established in Hong Kong on the date on which the notice is given. (Added 118 of 1997 s. 3)

The Chief Executive in Council may by order amend the Schedule. (Added 28 of 1961 s. 2. Amended 13 of 1999 s. 3)

A local society shall apply in the specified form to the Societies Officer for registration or exemption from registration within 1 month of its establishment or deemed establishment under section 2(2B) or 4. The application must be signed by 3 office-bearers and include details of—

A local society shall apply in the specified form to the Societies Officer for registration or exemption from registration of a branch of the society within 1 month of the branch’s establishment or deemed establishment under section 2(2B) or 4. The application must be signed by 3 office-bearers of the society and include details of—

Subject to subsection (3), the Societies Officer may register a society or a branch.

Subject to subsection (3), the Societies Officer may exempt a society or a branch from registration if he is satisfied that the society or the branch is established solely for religious, charitable, social or recreational purposes or as a rural committee or a federation or other association of rural committees. If the Societies Officer exempts a society or a branch from registration, he may issue a certificate of exemption from registration in the specified form.

The Societies Officer may, after consultation with the Secretary for Security, refuse to register or to exempt from registration a society or a branch—

The Societies Officer shall not refuse an application for registration or exemption from registration without first giving the society an opportunity to be heard or to make written representations as the society thinks fit as to why the application should not be refused unless the Societies Officer reasonably believes that in the circumstances of the case it would not be practicable to give the society the opportunity to be heard or to make representations.

The Societies Officer shall give to a society written reasons for his refusal to register or to exempt from registration the society or the branch within 14 days of the decision.

A society or a branch may operate and continue to operate until the society is notified that the Societies Officer has refused its application for registration or exemption from registration.

If a society fails to comply with section 5(1) or (2), every office-bearer or person professing or claiming to be an office-bearer commits an offence and is liable on summary conviction—

It is a defence to a charge under subsection (1) if the defendant establishes to the satisfaction of the court that he has exercised due diligence to ensure the society complied with section 5 and that the failure occurred for reasons beyond his control.

The Societies Officer may, after consultation with the Secretary for Security, cancel the registration or exemption from registration of a society or a branch—

The Societies Officer shall not cancel the registration or exemption from registration without first giving the society an opportunity to be heard or to make written representations as the society thinks fit as to why the registration or exemption from registration should not be cancelled unless the Societies Officer reasonably believes that in the circumstances of the case it would not be practicable to give the society the opportunity to be heard or to make representations.

The Societies Officer shall give to a society written reasons for his decision to cancel the registration or exemption from registration of the society or branch within 14 days of the decision.

A society or a branch that is refused registration or exemption or has had its registration or exemption cancelled and the refusal or cancellation—

shall cease its operation as a society or a branch.

If a society or a branch fails to comply with subsection (1), every office-bearer or person professing or claiming to be an office-bearer of the society or the branch commits an offence and is liable on summary conviction—

It is a defence to a charge under subsection (2) if the defendant establishes to the satisfaction of the court that he has exercised due diligence to ensure the society or the branch complied with subsection (1) and that the failure occurred for reasons beyond his control.

The Secretary for Home and Youth Affairs may, in his absolute discretion, issue to any society a certificate in such form as he thinks fit 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 Home and Youth Affairs as a rural committee or as a federation or other association of rural committees. (Amended L.N. 144 of 2022)

Any person aggrieved by a decision of the Secretary for Home and Youth Affairs under subsection (1) may appeal to the Chief Executive in Council and on any such appeal the Chief Executive in Council may confirm, vary or reverse the decision of the Secretary for Home and Youth Affairs. (Amended 13 of 1999 s. 3; L.N. 144 of 2022)

An appeal under subsection (2) 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.

The operation of any decision appealed against under subsection (1) shall be suspended until the appeal has been heard and determined by the Chief Executive in Council. (Amended 13 of 1999 s. 3)

The Societies Officer may specify the form of any notice in writing, certificate, application, record or return required for the purposes of this Ordinance.

The Societies Officer may publish in the Gazette any forms specified by him under subsection (1).

The Societies Officer may recommend to the Secretary for Security to make an order prohibiting the operation or continued operation of a society or a branch if the Societies Officer reasonably believes that the prohibition of the operation or continued operation of the society or the branch is necessary in the interests of public safety, public order or the protection of the rights and freedoms of others. (Replaced 118 of 1997 s. 5. Amended 6 of 2024 s. 137)

On the recommendation by the Societies Officer under subsection (1), the Secretary for Security may by order published in the Gazette prohibit the operation or continued operation of the society or the branch in Hong Kong.

The Secretary for Security shall not make an order under subsection (2) without first affording the society or the branch an opportunity to be heard or to make representations in writing as the society or the branch thinks fit as to why such an order should not be made.

Subsection (3) shall not apply where the Secretary for Security reasonably believes that affording the society or the branch an opportunity to be heard or to make representations in writing would not be practicable in the circumstances of that case.

An order made under subsection (2) shall as soon as practicable be—

An order made under subsection (2) shall take effect on publication in the Gazette or, if the order specifies a subsequent date for its taking effect, shall take effect on that specified date, notwithstanding that an appeal has been or may be made against the order under subsection (7).

A society or a branch in relation to which an order is made under this section and any office-bearer or member of the society or the branch who is aggrieved by an order of the Secretary for Security made under this section may appeal to the Chief Executive in Council against the making of the order within 30 days after the order takes effect and the Chief Executive in Council may confirm, vary or revoke the order. (Amended 13 of 1999 s. 3)

No local society shall use a name for itself or its branch which— (Amended 118 of 1997 s. 6)

The Societies Officer may serve a notice on a society which has adopted a name not permitted under subsection (1) requiring the society to change its name within such time as may be specified in the notice.

The obligation imposed upon a society under subsection (2) shall be binding upon every office-bearer of the society but any such office-bearer shall not be so bound unless he has been served with a copy of the notice.

Where a society fails to comply with a notice served under subsection (2), every office-bearer who has been served with a copy of the notice shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 unless he establishes to the satisfaction of the court that he has exercised due diligence to ensure compliance with the notice by the society and that such failure has occurred for reasons beyond his control. (Amended E.R. 3 of 2021)

A society which has been served with a notice under subsection (2) and any office-bearer or member thereof who is aggrieved by a requirement of the Societies Officer under subsection (2) may appeal to the Secretary for Security and on any such appeal the Secretary for Security may confirm, vary or cancel the requirement.

An appeal under subsection (5) may be made within 30 days after the date when the notice setting out the requirement was served on the society.

A requirement under this section shall take effect when the notice setting the requirement is served on the society notwithstanding any appeal under subsection (5).

Where a society or its branch which has been registered or exempted from registration changes its name, objects, office-bearers or principal place of business or closes a branch which is registered or exempted from registration, the society shall within 1 month from such change, inform the Societies Officer in writing of such change. (Amended 118 of 1997 s. 7)

Where a society fails to notify the Societies Officer of a change of particulars as required under subsection (1), every office-bearer of the society shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 unless he establishes to the satisfaction of the court that he has exercised due diligence to ensure compliance with this section by the society and that such failure has occurred for reasons beyond his control. (Amended E.R. 3 of 2021)

Subject to section 14A, the Societies Officer shall keep a list of all societies and branches which have been registered or exempted from registration setting out—

The list kept by the Societies Officer under subsection (1) shall be open to inspection by any person free of charge during office hours at the Societies Office.

The list kept under this section may be kept in a form other than documentary form but where it is kept in such a form, it shall be capable of being retrieved in a documentary form.

The Societies Officer may, on a request in writing by any person and on payment of such fee as may be prescribed, provide such information or document or extract thereof of or in respect of a society as are received by him under section 5(1) and (2) in respect of the society concerned.

Any person may, on payment of such fee as may be prescribed, require a copy or extract of any document or part of document provided under subsection (1) to be certified by the Societies Officer as a true copy.

If the Societies Officer has reason to believe that any society on the list kept under section 11 has ceased to exist, he may publish in the Gazette a notification calling upon such society to furnish him with proof of its existence within 3 months from the date of such notification. (Amended 75 of 1992 s. 6)

If at the expiration of such 3 months after such publication, the society has not furnished the Societies Officer with proof of its existence to the satisfaction of the Societies Officer, the Societies Officer may remove the society from the list kept under section 11. (Replaced 75 of 1992 s. 6)

If, under subsection (2), the name of a society has been removed from the list kept under section 11 and within 3 years after the date of such removal the Societies Officer finds that the society is still in operation, he may—

Where the name of a society has been restored to the list under subsection (3), the society shall be deemed not to have been removed under subsection (2). (Added 75 of 1992 s. 6)

If after the expiration of 3 years from the date of removal of a society under subsection (2), the society has not been restored under subsection (3) the society shall on such expiration be deemed to have ceased to exist. (Added 75 of 1992 s. 6)

If a registered society or an exempted society has subsequently dissolved itself, the persons who were the office-bearers of the society before such dissolution shall, not later than the expiration of 1 month after the dissolution takes effect, notify the Societies Officer of such dissolution in writing signed by one or more of the persons who were the office-bearers of the society immediately before the dissolution.

On receipt of any such notification, the Societies Officer shall as soon as practicable after the date when the dissolution takes effect, de-register the society and its branches and remove the society and the branches from the list kept under section 11.

(Repealed 118 of 1997 s. 10)

Where a registered society or an exempted society has subsequently become a person listed in the Schedule, the Societies Officer may, upon application in writing by the society, remove the society from the list kept under section 11.

Where an order prohibiting the operation or continued operation of a society or a branch has been published in the Gazette under section 8(2), the Societies Officer shall, as soon as practicable after the order comes into effect, remove the society or the branch from the list kept under section 11 but where subsequently, the order is revoked pursuant to an appeal under section 8(7), the Societies Officer shall as soon as practicable restore the society or the branch to the list.

The Societies Officer may, at any time, by notice in writing served on any society require the society to furnish him in writing with such information as he may reasonably require for the performance of his functions under this Ordinance. (Replaced 75 of 1992 s. 8)

The information required under subsection (1) may include the income, the source of the income and the expenditure of the society or its branch. (Added 118 of 1997 s. 11)

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 Societies Officer may, on application made to him and on good cause being shown, grant an extension of time at his discretion. (Amended 75 of 1992 s. 8)

The obligations imposed upon 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.

If any society fails to comply with the whole or part of any notice served under section 15, each of the persons mentioned in subsection (1) who has been served as aforementioned shall be liable on summary conviction to a fine at level 4 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.

If any information supplied to the Societies Officer in compliance with a notice served under section 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 at level 4 unless he establishes to the satisfaction of the court that he had good reason to believe that the information was true, correct and complete.

(Repealed 75 of 1992 s. 11)

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)

Save as is provided in subsection (2), 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 guilty of an offence and shall be liable on conviction on indictment to a fine at level 6 and to imprisonment for 3 years. (Amended E.R. 3 of 2021)

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 triad society shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 15 years.

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—

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 who pays money or gives any aid to or for the purposes of the 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; 30 of 1988 s. 4)

Save as is proved in subsection (2), 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 guilty of an offence and shall be liable on conviction on indictment in the case of a first conviction for that offence, to a fine at level 5 and to imprisonment for 12 months and in the case of a second or subsequent conviction for that offence, to a fine at level 6 and to imprisonment for 2 years.

Any person who knowingly allows a meeting of a triad society, or of members of a triad society, to be held in any house, building or place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable on conviction on indictment in the case of a first conviction for that offence, to a fine at level 6 and to imprisonment for 3 years and in the case of a second or subsequent conviction for that offence, to a fine of $200,000 and to imprisonment for 5 years.

Save as is provided in subsection (2), 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 guilty of an offence and shall be liable on conviction on indictment to a fine at level 5 and to imprisonment for 2 years. (Amended E.R. 3 of 2021)

Any person who incites, induces or invites another person to become a member of or assist in the management of a triad 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 a triad society shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $250,000 and to imprisonment for 5 years.

Save as is provided in subsection (2), any person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall be guilty of an offence and shall be liable on conviction on indictment to a fine at level 5 and to imprisonment for 2 years. (Amended E.R. 3 of 2021)

Any person who procures or attempts to procure from any other person any subscription or aid for the purposes of a triad society shall be guilty of an offence and shall be liable on conviction on indictment to a fine of $250,000 and to imprisonment for 5 years.

Where a person has been convicted of any offence under section 19 or 20, the Secretary for Security may, on the recommendation of the Societies Officer, make an order that such person shall not become an office-bearer of any other society for a period of 5 years without the consent in writing of the Societies Officer.

An order made under subsection (1) shall as soon as practicable be served on the person and shall take effect on the day when the order is served on him notwithstanding any appeal against the order under subsection (3).

A person who is aggrieved by an order made under subsection (1) may appeal to the Chief Executive in Council within 30 days from the date of service of the order on him and the Chief Executive in Council may confirm, vary or revoke the order. (Amended 13 of 1999 s. 3)

A person who contravenes an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine at level 5 and to imprisonment for 3 years. (Amended E.R. 3 of 2021)

Where an order made under section 8 prohibiting the operation or continued operation of a society or a branch is effective, the Secretary for Security may, on the recommendation of the Societies Officer, make an order that an office-bearer of the society or the branch shall not become an office-bearer of any other society for a period of 5 years without the consent in writing of the Societies Officer. (Amended 118 of 1997 s. 13)

An order made under subsection (1) shall as soon as practicable be served on the office-bearer and shall take effect on the day when the order is served on him notwithstanding any appeal against the order under subsection (3).

A person who is aggrieved by an order made under subsection (1) may appeal to the Chief Executive in Council within 30 days from the date of service of the order on him and the Chief Executive in Council may confirm, vary or revoke the order. (Amended 13 of 1999 s. 3)

A person who contravenes an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine at level 5 and to imprisonment for 3 years. (Amended E.R. 3 of 2021)

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 Chief Executive considers appropriate for the time being. (Amended 13 of 1999 s. 3)

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

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

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

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—

The Chief Executive shall appoint the members of the Tribunal for a term not exceeding 5 years.

The Chief Executive may reappoint a retiring member at the expiration of his term.

The Chief Executive 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.

A member or the Chairman may resign his appointment at any time by notice in writing to the Chief Executive.

There shall be a Triad Renunciation Secretariat while sections 26A and 26B are not in operation as prescribed under section 26N.

The Secretariat shall consist of a secretary and such other public officers as the Secretary for Security shall appoint.

The Secretariat shall carry out the functions and duties imposed on it by this Ordinance.

The Secretariat may determine its own procedure.

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—

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

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).

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.

The Tribunal shall notify the applicant of the time and place of the hearing of his application.

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.

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—

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

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

The Tribunal shall—

An applicant may, at any time before the Tribunal makes a determination, withdraw his application.

An application shall be deemed to be withdrawn if the Tribunal is satisfied that the application has been abandoned by the applicant. (Added 12 of 1991 s. 4)

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.

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.

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 26I(3).

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 26I(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.

A person who—

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 or where sections 26A and 26B are not in operation, the Secretariat to issue a certificate under subsection (3). (Amended 12 of 1991 s. 5)

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).

If a person makes a request under subsection (1), the Tribunal or the Secretariat as the case may be 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 particular of the offence. (Amended 12 of 1991 s. 5)

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—

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 or where sections 26A and 26B are not in operation, the Secretariat, and the Tribunal or the Secretariat as the case may be shall issue, certificates stating whether or not the defendant has within the past 5 years— (Amended 12 of 1991 s. 6)

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.

The Tribunal or where sections 26A and 26B are not in operation, the Secretariat shall, on the written request of a person who has renounced membership of a triad society, issue a certificate to— (Amended 12 of 1991 s. 6)

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.

A certificate purporting to be issued by the Secretariat under this Ordinance and purporting to be signed by the secretary of the Secretariat shall until the contrary is proved be deemed to be issued by the Secretariat and shall be evidence of the matters set out in the certificate. (Added 12 of 1991 s. 7)

The Tribunal or where sections 26A and 26B are not in operation, the Secretariat 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. (Amended 12 of 1991 s. 8)

The Tribunal or where sections 26A and 26B are not in operation, the Secretariat shall keep a record of an application and its proceedings and determination on the application where— (Amended 12 of 1991 s. 8)

A member of the Tribunal or the Secretariat or any person employed to assist the Tribunal or the Secretariat 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. (Amended 12 of 1991 s. 9)

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Amended E.R. 3 of 2021)

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.

Any person who—

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 at level 5 and to imprisonment for 2 years.

Any person who, in proceedings before the Tribunal, impersonates another person is guilty of an offence and liable on conviction to a fine at level 5 and to imprisonment for 2 years.

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

If no further step is taken in proceedings stayed by a certificate issued by the Tribunal or the Secretariat for a period of 5 years, these proceedings shall cease with neither a conviction nor acquittal being recorded. (Amended 12 of 1991 s. 10)

Subject to subsection (2), the Chief Executive in Council may by order declare that section 26C— (Amended 13 of 1999 s. 3)

Where an order is made under subsection (1)(a), section 26C shall cease to be in operation until an order is made under subsection (1)(b), and where an order is made under subsection (1)(b), section 26C shall be in operation until an order is made under subsection (1)(a).

While section 26C is not in operation, the Chief Executive may, if all applications made under section 26C while it was in operation have been determined or withdrawn, by order declare that sections 26A and 26B shall, subject to subsection (4), cease to be in operation. (Amended 13 of 1999 s. 3)

If an order is made under subsection (3), sections 26A and 26B shall cease to be in operation until section 26C shall be in operation again.

Where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to or purporting to relate to any triad society are found, 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.

Where any books, accounts, writings, lists of members, seals, banners or insignia of or relating to any unlawful society are found in the possession of any person, it shall be presumed, in the absence of evidence to the contrary, that such person assists in the management of such society.

Where 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 were, immediately before or at the time of such entry, being used for the purpose of a meeting of a triad 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 have been attending the meeting of the triad society.

Subject to subsection (2), the Societies Officer may, where he reasonably believes that it is necessary so to do in connection with the performance of his functions under this Ordinance, at all reasonable times enter into any place or premises which he has reason to believe is or are kept or used by any society or any of its members as a place of meeting or place of business.

No place or premises or any part thereof which is used for dwelling purposes shall be entered into under subsection (1) except by virtue of a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that it is necessary for the Societies Officer to enter into the place or premises or part in connection with the performance of his functions under this Ordinance.

Any police officer of or above the rank of inspector may, with or without assistance, using force, if reasonably 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 arrest or cause to be arrested all persons found in such house, building or place whom he has reasonable cause to believe are associated with the unlawful society and 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; 75 of 1992 s. 22; L.N. 235 of 1996)

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.

The Chief Executive in Council may by rules prescribe or provide for— (Amended 13 of 1999 s. 3)

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 at level 3 and imprisonment for 6 months. (Added 28 of 1961 s. 18. Amended L.N. 19 of 1987; 75 of 1992 s. 30; E.R. 3 of 2021)

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. Amended 75 of 1992 s. 31)

Any local society which has, before the commencement of the amending Ordinance, submitted an application for registration or for exemption from registration under this Ordinance but which has not been registered or exempted shall, as from such commencement, be deemed to have complied with section 5, and the Societies Officer shall enter the particulars of the society in the list of societies kept under section 11. (Added 75 of 1992 s. 31)

A society registered under this Ordinance before the commencement of the amending Ordinance shall, as from such commencement, be deemed to have complied with section 5, and the Societies Officer shall enter the particulars of the society in the list of societies kept under section 11. (Added 75 of 1992 s. 31)

A society exempted from registration by an order made under this Ordinance before the commencement of the amending Ordinance shall, as from such commencement, be deemed to have complied with section 5, and the Societies Officer shall enter the particulars of the society in the list of societies kept under section 11. (Added 75 of 1992 s. 31)