4
(a) notice had not been
(b)
(c)
given by the public authority in
accordance with section 11;
the trade union
union had not requested cancellation of its registration; and
the trade union had not ceased to exist.
The right to appeal to the Full Court against the decision of the Supreme Court is provided by section 64 (2) of the Trade Unions Ordinance.
Article 5
Workers' unions and employers' associations in Hong Kong may establish trade union federations under section 54 of Part IX of the Trade Unions Ordinance. However, because of the provisions under sections 45, 55 and 56, this article has been applied with the following modifications :
"The consent of the public authority is required for affiliation of trade unions with international organisations.
Federations of
of trade unions may be established only by registered trade unions
unions engaged
engaged in the same trade, occupation or industry, and membership of a federation of trade unions is restricted to registered trade unions engaged in the same trade, occupation or industry as the component trade unions comprising such trade union federation."
The modification is necessary to promote the formation of federations with members sharing common or
identical interests rather than those with members of diversified interests if they come from different trades, industries or occupations.
Federations or confederations of organisations of workers or employers which by virtue of sections 45, 55 and 56 are not entitled to registration under the Trade Unions Ordinance, can be registered under the Societies Ordinance, Chapter 151.
Section 45 of
45 of the Trade Unions Ordinance relates to trade union affiliation outside Hong Kong and such affiliation is
is subject to the consent of the Governor. In the case of societies registered under the Societies Ordinance, affiliation with international organisations is governed by section 6 of the ordinance.
Article 6
Federations and confederations which are registered under provisions of sections 53-57 of the Trade Unions Ordinance have the same standing in law as other registered trade unions and the same rights and liabilities. The modifications made in the declaration to the ILO on Article 3 relating to primary trade unions apply also to federations of trade unions, except that no person who is not or has not been engaged in a trade, industry or occupation with which the primary union is directly concerned may be an officer of a trade union federation. Section 57 also provides that no person shall be an officer of a registered trade union federation unless he is an officer or a voting member of one of the component trade unions comprising such federation.