****************************
Following is a question by the Hon Cheung Hok-ming and a written reply by the Secretary for Home Affairs, Dr Patrick Ho, in the Legislative Council today (December 6):
Question:
The board of a clansmen association has related to me that earlier on the Police arrested 14 persons who were playing mahjong on the premises of the association. They were subsequently convicted of illegal gambling. A voluntary staff member of the association was even convicted of operating a gambling establishment. The board has also pointed out that those persons were convicted mainly because the court decided that the donations of money made during the mahjong playing were "game levies". In connection with the clansmen associations registered in Hong Kong and their operation and activities, will the Government inform this Council:
(a) of the number of newly registered clansmen associations in each of the past three years and the up-to-date total number of registered clansmen associations;
(b) of the number of arrests, in each of the past three years, of persons suspected of gambling on clansmen association premises and other private premises, such as other types of clubhouses and residential premises, with a breakdown in table form by the type of premises, together with the following information: the basis of the decisions on the arrests, the number of prosecutions instituted, the judgements given by the court and the main justifications thereof; and
(c) whether it has studied the social functions of clansmen associations particularly in respect of building a harmonious community; if it has, of the details and results of the study; and whether it has drawn up any guidelines to regulate the operation of clansmen associations and the activities conducted in their premises to enable such associations to perform their social functions and to prevent participants of their activities from breaking the law; if so, of the details of the guidelines; if not, the reasons for that?
Reply:
Madam President,
The reply to the three-part question is as follows:
(a) The term "Clansmen Association" is not defined under the Societies Ordinance (Cap. 151). For the purpose of this question, of the societies registered under the Societies Ordinance, 133 have the words "Clansmen Association" in their names. New registration of societies, with the words "Clansmen Association" in their names, in the past three years is as followsˇV
2004 13
2005 20
2006 (as at November 2006) 23
Clansmen associations can also be registered as limited companies under the Companies Ordinance (Cap. 32). Of the existing companies registered under the Companies Ordinance, 253 have the words ˇ§clansmen associationˇ¨ in their Chinese names. New registration of companies, with the words ˇ§clansmen associationˇ¨ in their Chinese names, in the past three years is as followsˇV
2004 10
2005 8
2006 (as at 5 December 2006) 8
(b) Statistics on police enforcement against unlawful gambling establishments in the past three years is as follows:
(Year) 2003 2004 2005
---------------------------------
No. of
Successful
Raids 156 252 269
No. of
Persons
Arrested 2295 3275 2678
The Police do not maintain breakdown of cases by types of premises. The Police will investigate all allegations and reports of illegal gambling activities. Where sufficient evidence exists, the Police will carry out raids, arrest and prosecute those involved in unlawful gambling activities.
Statistics on the prosecutions and convictions relating to the offence of ˇĄGambling in an unlawful gambling establishmentˇ¦ in the past three years is as follows:
Conclusion date (Year) 2003 2004 2005
-----------------------------------------------------
No. of defendants
prosecuted 1711 2329 2194
No. of defendants
convicted 1637 2321 2187
(Note : The above figures represent the number of prosecutions and convictions in the relevant years. Some of the cases may have taken place in earlier years.)
(c) Fostering harmony in the community requires the concerted effort of the Government, community organisations and the general public. In this respect, the Government cherishes partnership with different organisations and sectors of the community (including clansmen associations). Through the community building process, the parties concerned help promote a sense of friendship, care, respect and mutual support.
Clansmen associations are registered private organisations or companies. Like other registered private organisations or companies, clansmen associations have to ensure that activities insider their premises are lawful and legitimate in the pursuit of the associationsˇ¦ objects. Hence, other than the relevant legislation, there is no other Government guideline governing activities in clansmen associationsˇ¦premises.
Ends/Wednesday, December 6, 2006
Issued at HKT 13:18
NNNN