8.
3 -
In regard to the appointment of officers, Section 17 (1) (a) does not state the grounds on which the Registrar may allow or withhold his consent from the appointment of a person who is not habitually engaged or employed in a trade or occupation with which the union is directly concerned. There may be good grounds why a union would wish to appoint such a person, for example that it has no member working at his trade who is sufficiently well educated to conduct union business, and in other colonial legislation,this has been made evident by stating that no person who is illiterate may be a union officer. This disqualification is not in the Hong Kong Ordinance, and the disqualifications mentioned in Section 17 (3) have no bearing on this point and it is not within the discretion of the Registrar to waive them. So it is difficult to see what is intended in Section 17 (1). It is presumed that the Registrar would not disqualify an employee of the union who might be elected or appointed as an officer on the grounds that he was not working at his trade, but any such presumption is only a guess as Section 17 (1) now stands, since it gives unlimited discretion to the Registrar.
9.
Section 17 (3) of the principal Ordinance also provides that no person who has been convicted of any crime involving fraud, dishonesty, extortion or membership of a triad society may be a union officer, except with the consent of the Governor-in-Council. It is noted that the amendment of this Section as now proposed would limit the disqualification to five years after conviction or discharge from prison, save with the consent of the Governor, and that disqualifying offences, to which violence has been added, are listed in a new First Schedule. The original proposal to include offences against public order has been dropped. The amendment now proposed is an improvement on the original Section and on the amendment originally proposed, provided that in practice there would be no disqualification for an act of violence which had no bearing on trade union considerations.
Change of Name
10.
The existing Section 23 of the principal Ordinance provides that a registered trade union may decide to change its name by the vote in secret ballot of not less than two-thirds of its voting members, and must apply to the Registrar within 14 days for registration of the change of
The change cannot take effect without the Registrar's consent and there is provision for appeal to the courts in the event of refusal. Clause 16 of the amending Bill introduces a penalty for non-compliance of a fine of $100 on the union. There are already too many penalties in the Section, and some evidence to show that they are necessary should be produced before any new ones are introduced.
Application of Funds
11.
Section 33 of the principal Ordinance, subject to regulations which are not included in the Ordinance itself, specifies the purposes on which trade union funds may be expended, together with any other purpose which the Governor- in-Council may approve. Clause 19 of the amending Bill would give discretion to the Governor only. In view of the composition of the Council, this is likely to benefit the unions, but no reason for the change is given in the explanatory memorandum.