Contents of Section

Chapter:

151 PDFTitle:SOCIETIES ORDINANCEGazette Number:10 of 2008
Section:8Heading:Prohibition of operation of societiesVersion Date:09/05/2008


(1) The Societies Officer may recommend to the Secretary for Security to make an order prohibiting the operation or continued operation of the society or the branch-

        (a) if he reasonably believes that the prohibition of the operation or continued operation of a society or a branch is necessary in the interests of national security or public safety, public order or the protection of the rights and freedoms of others; or (Amended 10 of 2008 s. 6)
        (b) if the society or the branch is a political body that has a connection with a foreign political organization or a political organization of Taiwan. (Replaced 118 of 1997 s. 5)
(2) 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.
(3) 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.
(4) 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.
(5) An order made under subsection (2) shall as soon as practicable be-
        (a) served on the society or the branch;
        (b) (where the society or the branch occupies or uses any building or premises) affixed in a conspicuous manner on any building or premises occupied or used as a place of meeting by the society or the branch and at the nearest police station of the police district in which such building or premises are situated; and
        (c) published in the Gazette.
(6) 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).
(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)
(Replaced 75 of 1992 s. 5. Amended 118 of 1997 s. 5)