116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS

TRIADS

Peter Yam Tat-wing *

I. INTRODUCTION This paper will draw heavily on the experience gained by law enforcement Triad societies are criminal bodies in the HKSAR in tackling the triad organisations and are unlawful under the problem. Emphasis will be placed on anti- Laws of Hong Kong. Triads have become a triad law and Police enforcement tactics. matter of concern not only in Hong Kong, Background knowledge on the structure, but also in other places where there is a beliefs and rituals practised by the triads sizable Chinese community. Triads are is important in order to gain an often described as organized secret understanding of the spread of triads and societies or Chinese Mafia, but these are how triads promote illegal activities by simplistic and inaccurate descriptions. resorting to triad myth. With this in mind Nowadays, triads can more accurately be the paper will examine the following issues: described as criminal gangs who resort to triad myth to promote illegal activities. • History and Development of Triads • Triad Hierarchy and Structure For more than one hundred years triad • Characteristics of Triads activities have been noted in the official law • Differences between Triads, Mafia and police reports of Hong Kong. We have and Yakuza a long history of special Ordinances and • Common Crimes Committed by related legislation to deal with the problem. Triads The first anti-triad legislation was enacted • Current Triad Situation in Hong in 1845. The Hong Kong Special Kong Administrative Region (HKSAR) has, by • Anti-triad Laws in Hong Kong far, the longest history, amongst other • Police Enforcement Strategy jurisdictions, in tackling the problem of • International Cooperation triads and is the only jurisdiction in the world where specific anti-triad law exists. II. HISTORY AND DEVELOPMENT It must be pointed out that legal OF TRIADS enactments alone cannot solve the problem. This has to be supplemented by effective The term “Triad” is a relatively modern police enforcement action, proper education English word describing the sacred symbol and publicity campaigns to remind people of the secret societies, a triangle enclosing of the undesirable consequences of a secret sign derived from the Chinese associating with triads and the importance character HUNG (洪) depicting a union of of coming forward to report triad-related heaven, earth and man. The origin of crimes and more importantly to testify in triads is unclear, being a mixture of facts courts. and myth. It is generally believed that in the mid-17th century, when the Manchurians from the northern part of China conquered the whole of China, overthrowing the Ming Dynasty and * Assistant Commissioner (Crime), Hong Kong Police establishing the Ching Dynasty, some Force Headquarters, Hong Kong

27 RESOURCE MATERIAL SERIES No. 58 supporters of the former Ming Dynasty each triad society is generally presided over formed politically motivated secret by the Chairman and Treasurer who are societies with a declared goal to overthrow often elected for a fixed term, normally two the ruling Manchurians who were years, by a group of senior members and/ considered as “foreigners” by the Han or area leaders of that triad society. people. One of these societies was the Usually, the most influential area boss, who HUNG League (洪門), which is now has the largest group of followers or the regarded as the original triad society, from most wealth, is elected. In some triad which today’s triad societies have societies, the same person holds both posts. originated. It must however be emphasized that these days the Chairman and Treasurer are Over the years the original society has honorary positions without actual power. fragmented into numerous separate Appendix C shows the present day societies. With the political developments structure of a typical triad society in Hong in China, the original political objectives Kong. have long been lost and these once “patriotic” secret societies have IV. CHARACTERISTICS OF TRIADS degenerated into present day criminal Contrary to what the movies may gangs. Nowadays, triad societies exist only portray, triad societies are in fact a for the pursuit of criminal activity for collection of loose-knit groups or gangs who monetary gain. A common modern term - operate independently. They are mainly “Dark Society” or “Dark Association” ( 社 local area gangs, each active in certain ) is used to describe all triads, and 會 areas and activities. Their disputes represents the public feeling that triads are sometimes result in fighting and it is not sinister and evil rather than a mystic uncommon that gangs within the same brotherhood. triad society often fight with each other over a disputed interest or territory. III. TRIAD HIERARCHY AND STRUCTURE Despite the fact that today’s triad The traditional triad societies adopted members do not belong to one organization, a military style and had a well-organized some of them continue to use triad jargon, rank structure, not dissimilar to present rank structure etc. This is to convince a day guerrilla organizations. They had a new recruit that he has indeed joined an rigid rank structure of members and elite and is used to instil fear into members officials, called “office bearers”. Each rank of the public. Cooperation between triad had specific responsibilities. Many of the groups in criminal activities is normally traditional rank terms are still used today. based on personal acquaintance and As well as a title, an office bearer would mutual interest. The chairpersons do not have an auspicious number. The usually direct gang members’ criminal traditional rank structure of a triad society activities but are only ‘ceremonial heads’ can be seen at Appendix A. and ‘mediators’ of disputes.

To enhance efficiency, increase flexibility There is a recognized Chinese triad and to avoid police detection, the present presence in a number of countries. These day triad societies in Hong Kong have overseas groups may bear the same triad adopted a flattened organizational names as those in Hong Kong but apart structure. Apart from a few exceptions, from that, they have no connection and

28 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS little in common. Although there have been examples of organized crimes. However, occasions when overseas triad members triad membership is not a prerequisite for perpetrated crimes together with triads in joining a drug syndicate. It is experience, Hong Kong, the triad membership was expertise, contacts or money that count. merely incidental. When an opportunity Whilst it may be true that many drug arises to make a profit, criminals will traffickers have triad connections, triad establish a joint venture. membership does not enhance one’s position in a drug organization. The same Triad identity is not a pre-requisite to applies to other organized crime groups, establish a criminal joint venture except which specialise in such activities as illegal to serve as a reference to the criminal gambling, prostitution, loan sharking and background of that person. It is thus a fraud. It is not uncommon to find major gross simplification to associate organized organized crime syndicates with members crimes in Hong Kong with triad societies. from several different triad societies Drug trafficking and smuggling are typical working together.

V. DIFFERENCES BETWEEN TRIADS, MAFIA AND YAKUZA The table below depicts the major differences between Triads, the Mafia and Japanese Yakuza. Triads Mafia / Japanese Yakuza • Loose-knit group (gangs) • Monolithic criminal organization • Independent power base • Power diffused from a central core • Horizontal organization • Rigid chain of command • Chairperson - limited influence, • Chairperson - the ‘Godfather’ post honorary post • Full autonomy • Central leadership • Profit belongs to individual gangs • Profit goes to organization • Disputes settled through negotiations • Disputes adjudicated by core and fights leadership • Made up of criminal fraternities • A criminal enterprise

VI. COMMON CRIMES COMMITTED BY TRIADS Triad gang activities are mainly • Other opportunistic crimes, such as territorial and fall into one or more of the selling of pirated and contraband following categories: goods, smuggling, dealing in counterfeit currency and credit cards. • Extortion and protection racketeering; Experience in Hong Kong, however has • Monopoly of certain business and shown that triads are extremely adaptive services; and versatile. They will make use of every • Street-level drug trafficking; opportunity to make money, whether legal • Illegal gambling activities; or illegal. In tackling current and future • Prostitution and pornography; triad activities, there is a need to be vigilant • Loan sharking and debt collection; of emerging trends. and,

29 RESOURCE MATERIAL SERIES No. 58

Over the years, some of the criminal number of reported triad-related crimes groups have established legitimate fronts and the percentage of triad-related crimes so as to cover their criminal activities. in total reported crimes between 1990 and More sophisticated triad members, referred 1999. to as second or third generation triads, have received the best education paid for At present there are around 50 known by money generated through illegal means. triad societies in Hong Kong, of which Many of them are trained as professionals about 15 regularly come to Police attention such as lawyers and accountants. They are through overt criminal activities. This does also involved in legitimate business and not mean that the remaining societies are part of the profit from legitimate sources inactive, but possibly only that their can be used to fund triad activities so as to activities go unreported for a variety of create an environment favourable for their reasons. The clandestine nature of triad business. They may present themselves activity precludes an accurate assessment as reputable entrepreneurs and mix with of the triad membership. The accumulated reputable socialites. Since they rarely number of people convicted for triad involve themselves in crimes, they are membership since 1936, including becoming known as the “untouchables”. recidivists, is about 32,000 and accounts Such a practice is typical in the for 5% of all convicts. It serves as a rough development of organized crime. Control indication of the size of triad population. of and investigation into their activities San Yee On, 14K, Wo Shing Wo, Wo Hop becomes increasingly difficult. To and Wo On Lok are the five most active triad societies and they together account At the lower level, triads are shifting for the majority of triad-related crimes in from hardcore criminals to service Hong Kong. providers. Their services include the supply of bouncers to entertainment VIII. ANTI-TRIAD STRATEGY IN businesses, car jockeys for valet parking, HONG KONG debt collectors and regulators to ward off In Hong Kong, we adopt a four-pronged business competitors. Those at the approach to tackle triad activities, namely: receiving end of the service are willing (a) Legislation hirers, which may include reputable (b) Enforcement commercial corporations, making attempts (c) Education to shrink the income of triads difficult or (d) Rehabilitation even futile. A. Legislation VII. CURRENT TRIAD SITUATION Hong Kong is determined to combat IN HONG KONG triad activities. The first anti-triad In 1999, there were 76,771 crimes legislation dates back to 1845. Relevant reported and the crime rate (the number anti-triad laws were consolidated of crimes per 100,000 of the population) was subsequently under Societies Ordinance, 1,121.9. As a result of sustained police which was enacted in 1949. Hong Kong efforts in Hong Kong the ratio of triad has the most effective and strictest involvement in overall crimes, in the past legislation aimed at tackling triad few years, has been contained at below 4%. activities: Appendix D contains charts showing the total number of reported crimes, the total

30 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS

1. The Societies Ordinance are Public Light Bus drivers engaging Under the Societies Ordinance, Cap 151, triads to monopolize profitable routes and Laws of Hong Kong, and its subsequent decoration contractors using triads to drive amendments, all triad societies are deemed out competitors in the Public Housing to be unlawful societies in Hong Kong. It decoration sector. Victim reassurance is includes a series of criminal offences therefore important to encourage people to relating to triad membership, recruitment come forward and report triad activities. and activities. Any person convicted of Additionally, coercive power is required to professing or claiming to be an office-bearer enhance the police’s ability to uncover or managing or assisting in the evidence of triad criminal activities. management of a triad society is liable to a maximum fine of HK$1 million and to 2. The Organized and Serious Crimes imprisonment for 15 years. A person Ordinance (OSCO) convicted as a triad member may be fined The OSCO was enacted in 1994. a maximum of HK$250,000 and jailed for “Organized Crime” is defined as any one of 7 years. a wide range of criminal offences listed in Schedule I of the Ordinance and includes The courts usually regard a charge of those, which are connected with the Triad membership alone as not being activities of a particular triad society. particularly serious and accordingly the penalties awarded range from being ‘Bound The objectives of the Ordinance are Over’ to being placed on probation. fourfold: However, in respect of recruitment and (i) To provide powers under sections office bearer offences, a more serious view 3, 4 and 5 to investigate organized is taken and up to one year’s imprisonment crimes and the proceeds from is not uncommon. In addition, most courts organized crimes or serious are less inclined to leniency if other offences offences, including the power to such as blackmail, wounding or compel a person to attend an intimidation are involved. In a recent trial interview, to supply information or an officer bearer was convicted of the to produce material for inspection. offence of managing a triad society and The person is deprived of his right some other related offences under the of silence though his admission Societies Ordinance. He was sentenced to cannot be used against him; three and a half years’ imprisonment. (ii) To provide for confiscation of proceeds of crimes; The enactment of the Societies (iii) To create a general “money Ordinance has to a great extent assisted laundering” offence under section us in the fight against triads in the last 25 to cover those who deal with couple of decades. However, the greatest property, knowingly or having difficulty faced by Police in combating triad reasonable ground to believe that activity is the reluctance of victims and it represents proceeds of an witnesses to report crimes and to testify in indictable offence; and, subsequent trials. This has largely (iv) To enable the prosecution to stemmed from the perceived fear of triads submit to the courts, information and possible triad revenge. In addition, in concerning the nature and impact many triad crimes, there are simply no of serious crimes and for the courts “victims” because they have become to impose more stringent sentences “satisfied customers”. Typical examples in appropriate cases under section

31 RESOURCE MATERIAL SERIES No. 58

27. witnesses to report crimes and testify in subsequent trials. The Witness Protection It is assessed that the police force’s Ordinance was passed in June 2000. It investigative capability to combat triads provides a legal framework for the Witness and organized crime syndicates has been Protection Programme, which has been enhanced by these new provisions. The operating since 1992. It reassures power to compel the production of witnesses, especially accomplice witnesses, documents and statements from victims of their own and their family members’ and witnesses has been particularly useful safety, such as giving a new personal in breaking through “the wall of silence” identity after trial. which effectively hampered police efforts to fight this scourge of society. B. Police Enforcement Strategy 1. Three-Tier Structure The creation of a money laundering The fight against triads and organized offence is a step forward in tracking and crimes in Hong Kong is spearheaded by a cracking down on the financial source of three-tier structure within the Hong Kong the triads. Through the successful Police Force. The Hong Kong Police has application of this new provision, the dedicated units at headquarters level (e.g. laundering of dirty money by triads can be Organized Crime and Triad Bureau, stopped, preventing its use for funding Criminal Intelligence Bureau) to collate further triad activities. intelligence and to take proactive action against the triads, such as using It is also notable that the enhanced undercover agents to infiltrate into the sentences for those convicted in connection triads, as well as the establishment of a with triad and organized crime not only Witness Protection Unit to provide support remove more criminals from the streets for and protection to vulnerable witnesses and much longer periods, but also act as a family members. deterrent to those who would otherwise follow in their footsteps. There are also designated crime units at the Regional and District levels to By far the most powerful and effective interdict those mid-level and street-level elements of the Ordnance are the triad personalities and activities. They are confiscation provisions, which empower the supported by Intelligence Sections in the court to restrain criminal assets whilst Regions and Districts. under police investigation and also to order its forfeiture upon conviction of the In each Police District, there is a school offender. Depriving the criminal of his ill- liaison team to deal with the triad activities gotten gains is the greatest hurt that can amongst school children. Criminal be done to him and also stops the money investigation units at all levels also from being used to corrupt officers as well investigate criminal activities involving as for rebuilding the criminal enterprise triads. upon the discharge of the triad member from prison. 2. Intelligence Gathering and Undercover Infiltration 3. Witness Protection Ordinance Given that vulnerable victims are As mentioned earlier, the greatest reluctant to report triad-related crimes and difficulty faced by Police in combating triad testify at court because of the fear of activity is the reluctance of victims and revenge, the deployment of police officers

32 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS to infiltrate triad groups to gather witnesses to triad related crimes, to report intelligence and to collect evidence for to the police in the first instance. The prosecution purposes has proved an identity of complainants is protected. effective tactic. Anonymous complaints are also handled expeditiously. Many successful Police anti-triad 5. Triad Research and Triad Experts operations were the result of proactive The clandestine and mythical nature of undercover infiltration actions. There have triad activities has made a general been successful deployments of undercover understanding of the triads difficult. A lot police officers in schools, resulting in the of their activities including their structure, arrest of triad elements that intimidate and rituals, ceremonies, hand signs and recruit students to join triad societies. insignia are unknown to members of the public. A thorough understanding of triads 3. High Profile Operations is vital both in detecting triad activities and Apart from investigation and in the subsequent prosecution in the courts. intelligence, operations are mounted from The Hong Kong Police have set up a time to time at various levels of the Hong research unit, specializing in triad Kong Police Force, to suppress and research. The research unit is responsible neutralise triad activities, particularly at for conducting research into triad activities their source of income. and training the Force Triad Expert Cadre. The Triad Expert Cadre assists, both in the Triads prosper from the threats and investigation of triad-related crimes and in fears that they instil in their victims. It is the giving of expert evidence in court trials. very important therefore that, in successful Regular seminars are held to keep the police operations, every opportunity should Triad Experts abreast of current trends. be taken to publicise arrests, in order to remove the fear that the public may have C. Education of triads. There is no doubt that public support and awareness are essential in combating 4. Witness Reassurance/Protection triad activity. The Junior Police Call (JPC) Support from members of the public is is a scheme administered by the Police, vital in our fight against crime. A lot of which apart from providing recreational Chinese however are reluctant to report activities, also serves as a well-established crimes either because they thought it was network for disseminating anti-triad not their business, or because of the fear of messages to youngsters. Regular school revenge. The Hong Kong Police has made talks are conducted on the adverse effects efforts to assure witness protection in many of triad membership. As portrayed in the ways, such as allowing witnesses to live in movies and television, there is always an safe houses, omitting addresses in witness over-glorification of triads. The JPC statements etc. Recently, new legislation Scheme develops a better understanding has been passed to further enhance witness of the police by the youngsters and fosters protection - The Witness Protection youth values to make them more resistant Ordinance. to triad influence.

A police hotline for reporting triad More importantly, through various activities has also been set up. The purpose publicity campaigns we continue to strive of the hotline is to encourage members of to show the public that triad societies are the public who might be victims of, or simply criminals, not legitimate problem

33 RESOURCE MATERIAL SERIES No. 58 solvers or business people, and certainly The Hong Kong Police Force not role models for our youth. undoubtedly enjoys the close and productive relationship with many The continuous and sustained effort by Overseas Law Enforcement Agencies, the Hong Kong Government through especially those with liaison officers posted education and publicity campaigns in the to Hong Kong, such as National Police past decades has witnessed a change in Agency of Japan, FBI, DEA, INS, Customs people’s attitudes towards triads in recent Service, Secret Service and Internal years. People come forward more than they Revenue Service of the US, RCMP of did in the 60’s and 70’s. Yet there is no Canada, AFP of Australia, the Korean room for complacency because triads still National Police and the UK Customs. exist and that our method of dealing with these groups should be continually From time to time Japanese delegates evolving. visit the Hong Kong Police Force. During the visit topics of common interest are D. Rehabilitation discussed and experiences in combating In Hong Kong, outreach social workers crimes shared. Since the beginning of this have been employed to counsel vulnerable year, two such visits have been arranged. youngsters to stay away from triad personalities and activities. A legally The Hong Kong Police Force will sanctioned warning system administered continue to be committed in forging closer by a senior police officer can be used instead cooperation with our counterparts, of a young person attending court. After exchanging intelligence, mounting joint being warned, the young person will be operations, sharing experience, returning advised by police officers as to follow-ups fugitives where Mutual Legal Assistance for their rehabilitation. Following prison is applicable and attending international release, triad offenders like other criminals conferences. will be supervised by after-care services by the Correctional Services Department. X. CONCLUSION While Hong Kong has enacted special IX. INTERNATIONAL CO- laws to deal with the triad menace, as has OPERATION been explained earlier, triad-related crime Since 1995, the Triad Course for is no different from any organized crime Overseas Law Enforcement Officers has and can be effectively tackled by legislation been conducted annually by the Hong Kong targeting the latter activities. Anti-money Police Force. Apart from sharing laundering and asset forfeiture laws, for knowledge of triads and experience in example, are considered effective measures tackling triad crimes, the participants are to tackle triad activities. able to build up an intelligence network that fosters future exchange of information However, a good working knowledge of on triad activities. Apart from that we also what triads are, their structure and organize Triad Courses in other countries. methods of operation are essential. Two such courses were organized in Equally important is an understanding of Canada before and two will be organized the Chinese culture and establishing an in Australia later this year. effective means of communication with the local Chinese community so as to encourage the reporting of triad activities.

34 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS

As in the case of organized crime, it is not expected that triads could be totally eradicated even with the rigorous application of enforcement and judicial measures. Hong Kong has been tackling the triad problem for many years and we are more than willing to share our experience with the other law enforcement agencies.

35 RESOURCE MATERIAL SERIES No. 58

Appendix A

TRADITIONAL STRUCTURE OF A TRIAD SOCIETY

Leader of the Society (Shan Chu 山主) 489

* Vanguard or * Deputy Leader * Incense Master or Ceremony Assistant (Fu shan Chu 副山主) Ceremony Master (Sin Fung 先鋒) 438 (Heung Chu 香主) 438 438

Advisor Fighter Liaison officer (White Paper Fan (Red Pole (Straw Sandal Pak Tze Sin 白紙扇) Hung Kwan 洪棍) Cho Ha 草鞋) 415 426 432

Ordinary ** Temporary Member Member (Hanging Blue Lantern or Lam Tang Lung 49 掛藍燈籠)

Note: A fuller explanation of the roles and numerical figures can be found at Appendix B1

* = In the smaller triad societies all the 438 posts are filled by one individual ** = A member that has not been initiated

36 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS

Appendix B

EXPLANATION OF THE ROLES AND NUMERICAL FIGURES

(a) 489 - The Leader of the Society is generally known as the First Route Marshal or Dragon Head. He is also referred to as the Shan Chu, the literal meaning is ‘Mountain Master’ 山主.

(b) 438 - The Deputy Leader is generally known as the Second Route Marshal or Fu Shan Chu 副山主. This title of 438 can also be awarded to the office bearers officiating as ‘Incense Master’ or Heung Chu 香主 or Vanguard 先鋒 in a triad ceremony.

(c) 415 - An official generally known as Pak Tsz Sin 白紙扇 (meaning White Paper Fan) whose duty is to advise generally on the organization, administration and finance of the Branch. In other words he is the Counselor or the Chief of Staff.

(d) 426 - An official generally known as the Hung Kwan 洪棍 (meaning Red Pole) whose duty is to take charge of the fighting section of the Branch and play the leading role in fights against rival groups. This official is also responsible for the Society or Branch membership.

(e) 432 - An official generally known as the Choi Hai 草鞋 (meaning Straw Sandal) is the liaison officer as well as the chief messenger of the Branch and through whom messages from the Branch concerning meetings, manpower, rallying for settlement talks or gang fights are passed on to other members of the Branch.

(f) 49 - An ordinary member of a Triad Society who is normally the protégé of a particular junior office bearer.

(g) Blue Lantern Member or Hanging Blue Lantern Member 掛藍燈籠

A member who has undertaken an oath of allegiance to a Triad Society or to a Triad Society member without having been initiated through a Hung Mun ritual. His allegiance may have been shown by having paid a fee, or by the adoption of Triad title or Triad slang, or by verbal recognition of joining the Society or by becoming a follower of a Triad member or an Office Bearer (known to be a protector). Depending on the Triad Society, some Blue Lantern members may undergo initiation rites later.

37 RESOURCE MATERIAL SERIES No. 58

Appendix C

CURRENT (SIMPLIFIED) STRUCTURE OF A TRIAD SOCIETY

Chairman (Cho Kwun 坐 )

Treasurer (Cha So 數)

Public Relations Officer (Kau Chai 交際)

Group Leader

Ordinary Member ** Temporary Member 49 (Hanging Blue Lantern or Lam Tang Lung 掛藍燈籠)

* Any Office bearer of 426, 415 or 432 rank ** A member that has not yet been initiated

38 116TH INTERNATIONAL TRAINING COURSE VISITING EXPERTS’ PAPERS

Appendix D

THE TOTAL NUMBER OF REPORTED CRIMES, 1990-1999

95000 91886 90000 88300 88659 87804 85000 84056 80000 82564 79050 76771 75000 70000 67367 71962 65000 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999

THE TOTAL NUMBER OF TRIAD-RELATED CRIMES, 1990-1999

4500 4015 3959 4000 3487 3500 3746 3487 3126 3000 3340 2599 2872 2500 2623 2000 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999

THE PERCENTAGE OF TRIAD-RELATED CRIMES TO TOTAL REPORTED CRIMES, 1990-1999

5.00% 4.78% 4.50% 4.22% 4.31% 3.95% 4.00% 4.27% 3.95% 3.64% 3.77% 3.86% 3.74% 3.50% 3.00% 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999

39