2
that workmen may be called out on strike against their industrial interests in a purely political strike, but the amendment we propose would not confer immunity in a situation of this kind, because Section 2 of the principal Ordinance defines a trade dispute as:
'any dispute or difference between employers and workmen, or between workmen and workmen, connected with the employment or non-employment, or the terms of employment, or with the conditions of or affect- ing the employment, of any person'.
Given the conditions of employment in Hong Kong, we suggest that it is intolerable that a group of workers not members of a registered trade union may lay themselves open to legal action if they go on strike, and we hope that the law can be amended to prevent this.
Refusal of Registration
5.
Clause 6 of the proposed Bill would amend Section 7 of the principal Ordinance which states the grounds on which the Registrar may, in his discretion, refuse an application for registration. The grounds mentioned in Section 7 are unexceptional - for example, if any of the purposes of the trade union is unlawful, or if the name proposed for the union so nearly resembles the name of another union as to deceive the public. But the proposed new provision would allow the Registrar to refuse if he were of the opinion that the union applying was substantially a union that had at any time been de-registered, though not merely on the grounds that its membership included members of the de-registered union. This provision is far too wide. For example, the registration of a union may be cancelled because its funds were used for a purpose not authorised by its rules, in which case the fault might well lie with one or two officers. If the members of such a union subsequently wished to re-form the union on a sound basis, with substantially the same membership and different officers, there would appear to be no good reason why the Registrar should have any power to prevent them. The wording of the proposed amendment might be appropriate to a union which had wilfully pursued an illegal purpose, and proposed to do so again, but it needs modification if that is what is in mind.
Officers and Members of Trade Unions
6.
Section 17 (1) of the existing Ordinance restricts membership of registered trade unions to those habitually engaged or employed in a trade or occupation with which the union is directly concerned and the same applies to a union officer save with the consent of the Registrar given in writing.
7.
.:
Clause 12 (b) (iii) of the amending Bill would add the further proviso that no person shall be refused membership solely on the ground that he is casually or seasonally engaged or employed in the trade, industry or occupation concerned. This could compel a union to accept members who do not subscribe regularly and who cannot be properly serviced. inclusion of a positive right of this nature in an otherwise restrictive Section is in itself anomalous.
The