1948-HKRS28-8-15_Part01 — Page 28

Rules by Governm 14 Council.

Second Schedule,

Immunity of trade unions from actions of tort.

Conspiracy

in relation to trade

dispores.

(2) The rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters in the First Schedule.

27. (1) The Governor in Council may make rules respecting registration under this Ordinance and in particular but without prejudice to the generality of the foregoing power with respect to—

(i) the seal, if any, to be used by the Registrar for

the purpose of registration

under this Ordinance;

(ii) the forms to be used for such registration; (iii) the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein;

(iv) the fees to be charged for registration and inspection and any other service or matter prescribed or permitted by this Ordinance; und (v) generally for carrying this Ordinance into

effect.

(2) The rules set forth in the Second Schedule to this Ordinance shall constitute rules made under sub-section (1) of this section except in so far as they may be from time to time revoked or amended by further rules marte by the Governor in Council under such sub-section.

28. (1) An action against a trade union, whether of workmen or masters or against any members or officials thereof ou behalf of themselves and all other members of the trade union in respect of any tortions act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court.

(2) Nothing in this section shall affect the liability of a trade union or any official thereof to be sued in any court touching or concerning the property or rights of a trade union, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherance of a trade dispute.

29. (1) An agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be triable as a conspiracy if such act committed by one person would not be punishable as a crime.

(2) Au act done in pursuance of an agreement or com- biuntion by two or more persone aball, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.

(3) Nothing in this section shall exempt from punish- ment any person guilty of a conspiracy for which a punishment is awarded by any law in force in Hong Kong.

(4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition or any offence against the State or the Sovereign,

(5) A crime for the purposes of this section means au offence for the commission of which the offender is liable to he imprisoned either absolutely or at the discretion of the Court as an alternative for some other punishment.

(6) Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer term, if any, as may have been prescribed by the law for the punishment of the said act when committed by one person.

30. An act done by a person in contemplation or furtherance Removal of of a trade dispute shall not be actionable on the ground only that lubility for it induces some other person to break a contract of employment with another

Interfering or that it is an interference with the trade, business, or employ- person's ment of some other person, or with the right of some other person business. to dispose of his capital or his labour as he wille.

31. (1) Where, on complaint made by a member of a Penelry for registered trade union it is shown to the satisfaction of a misuse of magistrate that any officer or member of that union had in bio money o possession or control any property of the union except in Perty of a registered accordance with the rules of the union, or has unlawfully expended made union. or withheld any money of the union, the magistrate shall, if he considers the justice of the caso so requires, order such officer or memhor to deliver all such property to the committee of manage. ment of the union and to pay to them the money so unlawfully expended or withheld.

(2) A complaint made nader sub-section (1) shall not be entertained unless the magistrate is satisfied that the com- plainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which such complaint is so made,

(8) Any person bound by an order made under sub- section (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in such order shall, on summary conviction, be liable to à fiue not exceeding five hundred dollars.

(4) An order under sub-section (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer or member.

32. Every person who with a view to compel any other perana Indmida- to abstain from doing or to do any act which such other person pion or bag a legal right to do or abstain from doing, wrongfully and hooyance. without legal authority-

(1) uses violence to or intimidates such other parson or his wife or children or injures his property; or