The Lions Club of Kota Kinabalu Host was de-registered under section 13 which therefore makes it an unlawful society.
I understand, from members of the LCKKHost, that money was paid to LCI by John Ho for the year 2018/2019. I have written to LCI on this matter and waiting to hear from the legal department of LCI.
Meanwhile, since this is a local issue, I shall write to ROS
after the Chinese New Year, and find out if its provisions are for show. (After CNY as there are a few more loose ends to tie up)
Is there not one lion member who knows that district dues paid by an unlawful club should not be received by the district treasurer?
Our own expert on Ethics Dr. Arabi Wazani ought to know this.
I don’t believe that our Professor DR. Muthusamy Palanisamy, who is a life time member, is unaware of the provisions of the Societies Act.
I repeat what I have heard from lion members; ROS fines are nothing to worry about. However, from what I read in the Societies Act this offense is punishable by imprisonment.
Let us find out if ROS is a paper tiger as suggested by many lion members.
Meanwhile for your information here are extracts from the Societies Act.
Note: The Act talks about payment but what about the district treasurer who received the district dues? How about the DG who allowed this to be received?
PART III MISCELLANEOUS PROVISIONS APPLICABLE TO SOCIETIES GENERALLY
Unlawful societies
41.(1)For the purposes of this Act any of the following society shall be an unlawful society, that is to say:
(d)a society or a branch thereof which has had its registration cancelled under section 2A, 13, 14 or 16
(LCKKHost was deregistered under section 13)
(2)Where a society is unlawful under subsection (1), or its registration is cancelled under this Act, every branch of the society shall immediately thereupon be unlawful and the approval of the Registrar for its establishment shall be deemed to be revoked, and where a branch of a society is unlawful under subsection (1) or the approval of the Registrar for its establishment is deemed to be revoked as aforesaid under this subsection, every branch subordinate to that branch shall immediately thereupon be unlawful and the approval of the Registrar for its establishment shall be deemed to be revoked.
Penalties on member of unlawful society 43.
Any person who is or acts as a member of an unlawful society or attends a meeting of an unlawful society or who pays money or gives any aid to or for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand ringgit or to both.
Penalty for procuring subscription or aid for an unlawful society
46. Any person who procures or attempts to procure from any other person any subscription or aid for the purposes of an unlawful society shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding ***ten thousand ringgit or to both.
Acting on behalf of or representing an unlawful society
48.(1)Any person who in any manner acts on behalf of, or represents, or assists, whether in a professional capacity or otherwise howsoever, any unlawful society, or any person who was an office-bearer thereof as if he continues to be an office bearer thereof, or any body which was the governing body of the society or of any branch thereof as if it continues to be such governing body, in relation to any matter, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding fifteen thousand ringgit or both.
Liability of office-bearer in respect of offences by society
51.(1)Where any offence punishable with a fine or imprisonment has been committed, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed by any society or in the name or on behalf of any society, every office-bearer of such society and every person managing or assisting in the management of such society at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed by law therefor, unless he establishes to the satisfaction of the Court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.
(2)Any office-bearer and person managing or assisting in the management of such society shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.
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