CONFIDENTIAL
For discussion
on 8th December 1970
XCC(70)62
Copy No....of 28
MEMORANDUM FOR EXECUTIVE COUNCIL
TRADE UNION REGISTRATION (AMENDMENT) BILL 1971
TRADE UNION REGISTRATION (AMENDMENT) REGULATIONS 1971
INTRODUCTION
A
B
Legislation dealing with trade unions in Hong Kong had its origin in the Trade Unions and Trade Disputes Ordinance enacted in 1948. The provisions relating to trade unions were re-enacted in 1961 in the present Trade Union Registration Ordinance, which has remained unchanged since then. During the intervening period, experience in administering the Ordinance, changing circumstances, and new problems have made it necessary to consider several amendments.. The Commissioner of Labour announced in the Legislative Council in February 1968 that a comprehensive review of the Ordinance was being undertaken. This has been done and the outcome is the draft Trade Union Registration (Amend- ment) Bill 1971, attached as Annex A, and the Trade Union Registration (Amendment) Regulations 1971, attached as Annex B.
TRADE UNION REGISTRATION (AMENDMENT) BILL 1971
2
The clauses in this bill fall into six main groups.
Protection of interests of ordinary members
3
The first group concerns the protection of the interests of ordinary members of a trade union. Some difficulties have arisen over the interpretation of section 17(1) of the Ordinance, which limits member- ship of a trade union to a person "ordinarily resident in the Colony and habitually engaged in a trade or occupation", although proviso (b) allows him to continue as a non-voting member if he retires on account of age or ill-health. Clause 9(b) of the bill adds a new proviso (c) to section 17 to make it clear that no person shall be refused membership of a trade union solely on the ground that he is casually or seasonally employed in a particular trade. Clause 9(a) amends subsection (1) of section 17 to remove any doubt that a person engaged in an industry may also be a member of a trade union. Clauses 24 and 25 make consequential amend- ments to sections 55 and 56 to ensure that they are consistent with the amended text of section 17(1).
4
Although most trade unions already voluntarily provide in their rules for a common seal, it is considered that every union should be obliged by law to have a common seal, bearing its registered name in legible characters. This requirement would facilitate the acquisition, and safeguard the transfer, of union property and would ensure that documents are properly authenticated. Clause 12 therefore introduces a new section 20A, imposing an obligation on a trade union to possess a common seal and creating an offence if it is improperly used. Clause 30 makes a
CONFIDENTIAL