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Leung Tak-wah of the Taoist Association. Photo: Sam Tsang

87-year-old anti-hoax legislation on Chinese temples to be scrapped

An 87-year-old law to combat hoax temples is set to be relaxed after a government review found the legislation too strict and that fewer than two-thirds of temples had obtained registration under the law.

The legal clause that empowers the government- appointed Chinese Temples Committee to control all properties and funds of temples will be removed under new proposals.

A compulsory registration system with the Home Affairs Bureau will also be replaced with a voluntary one.

Under the Chinese Temples Ordinance, enacted in 1928 to curb rampant frauds by fake religious institutions, all Chinese temples must register with the government.

The committee, chaired by the home affairs minister with seven other members appointed by the chief executive, has the power to require any Chinese temple to surrender assets to the government and to close any temple it finds being misused. Other religious institutions are not bound by the laws.

To date, just 350 of the estimated 600 Chinese temples in the city have been registered accordingly.

Laurie Lo Chi-hong, deputy secretary for Home Affairs, said the ordinance was outdated. The government's asset seizure power would be considered too harsh by modern standards and could face legal challenges, he said.

"It would be a balance between religious freedom and public interest," he said of the new plan. Lo said citizens were now more aware of scams and over the decades other laws had been developed to deal with frauds.

Temples which join the registration system will be asked to publicise information, including donations they collect from the public and the use of the donations, on a centralised website.

"With increased transparency, an individual can decide whether he would make the donation [to a particular temple]," he added.

To safeguard public interests, the proposed new law will allow the Secretary for Home Affairs to take part in any lawsuits against Chinese temples accused of mismanagement or abuse of funds.

The legislative amendment proposal was put up for public consultation for two months from yesterday.

Leung Tak-wah, chairman of the Hong Kong Taoist Association, welcomed an overhaul of the historical law. "The law is indeed outdated. It's time for a review," he said.

As for whether he supported the voluntary scheme, Leung said he would have to look into the details before making a decision.

This article appeared in the South China Morning Post print edition as: Law aimed at hoax temples to be scrapped
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