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Time to consider scope of triad law after raid

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The arrest of people from a well-known lifestyle chain, for selling T-shirts bearing the name of a triad society, raises important questions about the relationship between freedom of speech and efforts to combat crime.

There is a strong public interest in preventing triad societies from flourishing and curbing their criminal operations. The police have a duty to go about this task with determination. Their concern that clothing bearing the name of the 14K triad society might be worn by gang members and further crime is a genuine one. But the raid on a shop selling trendy T-shirts may be going too far.

The law under which staff at the chain G.O.D. have been arrested has a legitimate aim. It bars people from attending triad meetings, supporting triad organisations or claiming to be triads. The law also prohibits possession of triad paraphernalia, including lists of members, seals or banners.

But the relevant provision of the Societies Ordinance also includes in this list much broader categories, such as books, writings and insignia. It is presumably this part of the legislation that the sale of T-shirts and postcards by the shops is alleged to have breached. It is important to note that the items concerned must, in order to breach the law, be 'of or relating to any triad society'. This suggests there should be a link to triad activity.

The legislation is clearly intended to curb the activities of triad members and those who wish to pass themselves off as triads for the purposes of crime. It was surely not envisaged by those who drafted and passed the law that retailers selling fashion items would be in breach of it - even accepting the concerns about the use to which such shirts may be put.

More worrying are the wider implications of the raid. If interpreted broadly, this law would mean there could be no books or academic papers that mention triad societies. Even factual reports in newspapers that refer to named triad societies and photographs of the seized material would fall foul of the legislation. Indeed, a police officer suggested as much yesterday. This is unacceptable.

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