Full report for the period 1st July, 1964, to 30th June, 1966, on the application in Hong Kong of the FREEDOM OF ASSOCIATION
AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948
(Convention No. 87) which was ratified by the
United Kingdom on 27th June, 1949.
This convention was applied to Hong Kong with modifications in respect of Articles 3, 5 and 6 by a declaration registered by the I.L.0. on 15th October 1963.
Question I
Workers' and employers' organizations are encouraged to apply for registration under the Trade Union Registration Ordinance, 1961, (referred to, hereafter in this report, as "the ordinance") by which the convention is applied in Hong Kong subject to the modifications lodged with the I.L.0. on 15th October, 1963, in respect of Articles 3, 5 and 6.
The ordinance covers all matters relating to the registration of trade unions and the control of their internal administration. It provides a proper measure of protection from actions in respect of sertain tortious acts, freedom from liability for criminal prosecution for conspiracy in restraint of trade, and immunity from legal proceedings in respect of certain acts done in contemplation or furtherance of a trade dispute.
While registration of trade unions is compulsory, it will be seen from section 9 of the ordinance that a union is subject to the provisions of the ordinance as from the date it makes application for registration. This feature is rendered necessary by the fact that the Societies Ordinance makes a combination or association of persons an unlawful society until it is registered. On the other hand, such is the present state of trade unionism in Hong Kong that the rules and objects of a prospective trade union must be carefully somitinised and frequently amended before it can be properly registered as a trade union at all. During this interin period, the union is not only protected from the rigours of the Societies Ordinance but also becomes incorporated under section 13 of the ordinance from the date of its application. It can acquire such property as it wishes by direct treaty and will be liable in its own name for its contracts and the like as though it were already registered as a trade union. This interim situation is terminated either by registration under section 6 or by refusal of registration under section 7.
The intention of the ordinance is not to restrict, but to regulate the establishment and activities of trade unions, prevent possible abusos, and ensure that the unions are being run in a constitutional manner so protecting both the interests of the unions and the rights of their members. Such regulation is necessary in view of the comparatively short history of trade unionism in Hong Kong and the consequent lack of experience in union leadership.
The competent authorities under the ordinance are the Registrar of Trade Unions and, for purposes of appeal, the Full Court.
Question II
Article 2
The formal conditions pertaining to the establishment and regis- tration of trade unions are contained in Part III of the ordinance. These conditions, which are similar to those in other territories, are considered to be the minimum necessary for the general purposes set out in reply to Question I above and to ensure the further healthy development of the local trade union movement.