Hong Kong Ordinances

SOCIETIES ORDINANCE - SECT 2

Interpretation

(Past version on 01/01/2000).
(Past version on 30/07/1999).
(Past version on 19/03/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

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

"branch" (分支機構), in relation to a society, includes any society which
is in any way subordinate to any other society; (Added 28 of 1961 s. 2.
Amended 118 of 1997 s. 3)

"connection" (聯繫), in relation to a society or a branch, that is a
political body, includes the following circumstances-

   (a)  if the society or the branch solicits or accepts financial
        contributions, financial sponsorships or financial support of any kind
        or loans, directly or indirectly, from a
        foreign political organization or a political organization of Taiwan;

   (b)  if the society or the branch is affiliated directly or indirectly with
        a foreign political organization or a political 
        organization of Taiwan;

   (c)  if the society's or the branch's policies or any of them are
        determined directly or indirectly by a foreign political organization
        or a political organization of Taiwan; or

   (d)  if a foreign political organization or a political organization 
        of Taiwan directs, dictates, controls or participates, directly or
        indirectly, in the decision making process of the society or the
        branch; (Added 118 of 1997 s. 3)

"election" (選舉) means-

   (a)  a general election or a by-election to elect members of the
        Legislative Council; or

   (b)  an ordinary election or a by-election to elect members of a District
        Council; (Added 118 of 1997 s. 3. Amended 8 of 1999 s. 89; 48 of 1999
        s. 48; 78 of 1999 s. 7)

"exempted society" (獲豁免社團) means a society exempted by the
Societies  Officer from registration under this Ordinance; (Added 118 of 1997
s. 3)

"foreign political organization" (外國政治性組織) includes-

   (a)  a government of a foreign country or a political subdivision of a
        government of a foreign country;

   (b)  an agent of a government of a foreign country or an agent of a
        political subdivision of the government of a foreign country; or

   (c)  a political party in a foreign country or its agent; (Added 118 of
        1997 s. 3. Amended 23 of 1998 s. 2)

"local society" (本地社團) 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
section 2(2B) or 4; (Amended 36 of 1982 s. 2; 30 of 1988 s. 4; 75 of 1992 s.
3; 118 of 1997 s. 3)

"office-bearer" (幹事) of a society means any person who is the president,
or vice-president, 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 in the 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; 28 of 1961
s. 2)

"performance of functions" (履行職能) includes the exercise of powers and
the performance of duties; (Added 75 of 1992 s. 3)

"political body" (政治性團體) means-

   (a)  a political party or an organization that purports to be a political
        party; or

   (b)  an organization whose principal function or main object is to promote
        or prepare a candidate for an election; (Added 118 of 1997 s. 3)

"political organization of Taiwan" (台灣政治性組織) includes-

   (a)  the administration of Taiwan or a political subdivision of the
        administration;

   (b)  an agent of the administration of Taiwan or an agent of a political
        subdivision of the administration; or

   (c)  a political party in Taiwan or its agent; (Added 118 of 1997 s. 3)

"Secretariat" (秘書處) means the Triad Renunciation Secretariat established
by section 26BA; (Added 12 of 1991 s. 2)

"Societies Officer" (社團事務主任) means the Societies Officer and any
Assistant Societies Officer appointed in accordance with the provisions of
section  3 ; (Added 75 of 1992 s. 3)

"society" (社團) 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)

"specified form" (指明的表格) means a form specified by the
Societies Officer; (Added 118 of 1997 s. 3)

"triad ritual" (三合會儀式) 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" (審裁處) means the Triad Renunciation Tribunal established by
section 26A. (Added 58 of 1988 s. 2)

(2) 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)

(2A) (Repealed 75 of 1992 s. 3)

(2B) 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)

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

(4) In this Ordinance the expressions "public safety" and "the protection of
rights and freedoms of others" are interpreted in the same way as under the
International Covenant on Civil and Political Rights as
applied to Hong Kong. "national security" (國家安全) means the
safeguarding of the territorial integrity and the independence of the People's
Republic of China. (Replaced 118 of 1997 s. 3. Amended 10 of 2008 s. 3)
(Amended 75 of 1992 s. 3)

"branch" (分支機構)

"connection" (聯繫)

"election" (選舉)

"exempted society" (獲豁免社團)

"foreign political organization" (外國政治性組織)

"local society" (本地社團)

"office-bearer" (幹事)

"performance of functions" (履行職能)

"political body" (政治性團體)

"political organization of Taiwan" (台灣政治性組織)

"Secretariat" (秘書處)

"Societies Officer" (社團事務主任)

"society" (社團)

"specified form" (指明的表格)

"triad ritual" (三合會儀式)

"Tribunal" (審裁處)

"national security" (國家安全)