1961-HKRS29-8-28_Part03 — Page 25

Appeals spainu

refusal of

Registrar

to regia-

ECT Trade

mion.

Effect of application to register.

(Cap. 151)

Cancellation of registra- tion.

愁。

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Where the Registrar refuses to register a trade union, any of the applicants for the registration thereof who considers that the refusal

of the Registrar to register the trade union on the ground specified in the

notice of refusal to register was wrong in that, as the case may be-

(a) the provisions of this Ordinance and the regulations had been

complied with;

(6) the purposes of the trade union were not unlawful;

(c) the name under which registration of the trade union was sought was not such a name as is specified in paragraph (c) of subsection (1) of section 7.

may, within twenty-eight days after the service of such notice, appeal to the Full Court, and, if upon any such appeal the Full Court finds that the refusal of the Registrar to register the trade union was wrong as aforesaid, it may so declare and thereupon the Registrar shall register the trade union, but, save as hereinbefore provided, the appeal shall be dismissed.

9. (1) The provisions of this Ordinance, other than the provisions of section 45, shall apply to a trade union in respect of which application for registration has been made in accordance with section 5 io like manner as if the trade union had been duly registered:

Provided that, upon service by the Registrar upon any of the applicants for registration of a notice of refusal to register, the provisions of this Ordinance shall cease so to apply to the trade union.

(3) A trade union in respect of which application for registration has been made in accordance with section 5 shall, for the purposes of the Societies Ordinance, be deemed to have been duly registered under this Ordinance:

Provided that, upon service by the Registrar upon any of the applic ants for registration of a notice of refusal to register, the trade union shall cease to be deemed to have been so registered.

10. (1) The registration of a trade union shall not be cancelled otherwise than by order of the Registrar and in the following cases-

(0) at the request of the trade union, to be verified in such manner

as the Registrar may require; or

(6) where

(i) the certificate of registration of the trade union has been obtained by fraud or mistake; or

(i) the registration of the trade union has become void under the proviso to subsection (1) of section 6; or

(iii) the trade union is being used, or has at any time since registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules; or

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(iv) the trade union has wilfully and after notice in writing from the Registrar contravened this Ordinance, or has allowed any rule which is inconsistent with this Ordinance to continue in force, or bas rescinded any rule providing for any matter for which provision is required by section 18; or

(v) the funds of the trade union have been expended in an unlawful manner or for an unlawful purpose or for any purpose not authorized by the rules of the trade union; or

(vi) any funds of the trade union that have been utilized for any purpose connected with the trade union, or any members thereof. have wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of such trade union been omitted from the accounts thereof; or

(vii) the trade union bas ceased to exist.

(2) Where an appeal has been duly brought under subsection (1) of section 12. the Registrar shall not cancel the registration of the trade union before the appeal has been determined.

11. Before cancelling the registration of a registered trade union, Notice of the Registrar shall give to the trade union not less than two months' cancellation. previous notice in writing specifying the ground upon which be intends

to cancel its registration:

Provided that no such notice shall be required—

(a) where the trade union has ceased to exist; or

(6) where cancellation is at the request of the trade union.

cancellatio

12. (1) Any voting member of a trade union that has received Appeals In from the Registrar notice in writing of his intention to cancel its relation to registration who considers that the Registrar is not entitled to cancel its by Registrar registration on the ground specified in the notice in that, as the case of registra- may be

(a) the certificate of registration of the trade union was not

obtained by fraud or mistake:

(b) the registration of the trade union has not become void under

the proviso to subsection (1) of section 6:

(c) the trade union was not being used, nor has at any time since its registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules;

(2) the trade union has not wilfully and after notice in writing from the Registrar contravened this Ordinance nor allowed any rule which is inconsistent with this Ordinance to continue in force nor rescinded any rule providing for any matter for which provision is required by section 18;

tion of trade salda.