Full Report for the period 1st July, 1964, to 30th June, 1966,
on the application in Hong Kong of the
RIGHT OF ASSOCIATION (NON-METROPOLITAN TERRITORIES) CONVENTION, 1947, (NO.84),
which was ratified by the United Kingdom on 27th March, 1950.
This convention was applied to Hong Kong without modification by
a declaration registered by the I.L.0. on 27th March, 1950.
Question I
The right of association is provided for under the Trade Union Registration Ordinance, No. 52 of 1961, which came into force on 1st April, 1962, with the exception of Section 18(7), which came into operation on 12th February, 1965.
(a)
(b)
Settlement of labour disputes is provided for by :- the conciliation services of the Labour Department;
the provisions of the Trade Disputes Ordinance (Chapter 64 of the Laws of Hong Kong, 1950 edition).
Question II
Article 2
The right of association of employers and employed is guaranteed by sections 2 to 6 and 40 to 44 of the Trade Union Registration Ordinance, No. 52 of 1961 (hereafter referred to as "the ordinance"). At the end of June, 1966, there were 309 trade unions registered, of which 239 were workers' organisations, 54 employers' associations, and 16 mixed organisa- tions of workers and employers.
Any group of workmen or employers can form a trade union and apply for registration as such under the ordinance in accordance with procedure laid down in sections 5 to 9. A trade union is defined under section 2 of the ordinance while sections 5 to 7 deal with registration. The Registrar of Trade Unions may refuse to register a trade union in the circumstances set out in section 7 of the ordinance, but, when he does so, the applicants have, under section 8, a right of appeal within 28 days to the Full Court.
The conditions under which persons may become members or officers of a trade union are governed by section 17 of the ordinance. Every trade union is required to have rules which set out, among other things, how the union is constituted and governed.
With regard to a suggestion made by the Committee of Experts in its Direct Request in March, 1965, that the words "or otherwise" should be added after the word "habitually" in section 17(1) of the ordinance, in order to safeguard the right of casual and seasonal workers to be members of a trade union, this point will be considered with others when amendments to the ordinance are next contemplated.
The Registrar of Trade Unions has no statutory authority to suspend a trade union but can cancel its registration on any of the grounds listed in section 10 of the ordinance. Under section 12, any voting member of a union, the registration of which has been cancelled, has a right of appeal, within 14 days of the cancellation, to the Full Court against the Registrar's decision.
Dissolution of a trade union can be :-
(a) voluntary, i.e. upon decision of the members thereof in such manner
as the rules of the union shall provide; or
(b) compulsory, i.e. consequent upon the cancellation, by the Registrar,
of the registration of the union under section 10 of the ordinance.