1961-HKRS29-8-28_Part03 — Page 32

Application of funds.

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shall, within fourteen days after the dissolution, be sent to the Registrar by the trade union, and upon the registration by the Registrar of such dissolution, the trade union shall cease to be a body corporate.

(2) A registered trade union that contravenes subsection (1) and every officer of a registered trade union, or other person, bound by the rules thereof to give or send the notice required by that subsection who fails to give or send the same shall be guilty of an offence and shall be liable to a fine of two hundred dollarS.

PART V.

Funds, Accounts and Returns.

33. (1) The funds, other than the welfare fund (if any), of a registered trade union way, subject to the rules thereof and to the pro- visions of this Ordinance and the regulations, be expended only for the following purposes-

(a) the payment to officers and employees of the trade union of salaries, allowances and expenses incurred in dealing with the affairs of the trade union:

(b) the payment of expenses for the administration of the trade

union, including audit of the accounts of the funds thereof; (c) the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with his employer or with a person whom such member employs;

(d) the conduct of trade disputes on behalf of the trade union or

any member thereof;

(e) the compensation of members for loss arising out of trade

disputes;

(f) the allocation of moneys for the provision and maintenance of

a welfare fund;

(g) purchase of bonds, securities or property;

(4) payment of subscriptions, fees, contributions or donations to a registered trade union or other lawful association or combina- tion established within the Colony:

()the promotion of entertainments:

() subject to the approval of the Governor in Council, contribu- tions or donations to a trade union or other similar organiza- dion established outside the Colony whether or not such registered trade union is affiliated therewith;

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(k) any other purpose which the Governor in Council may

approve.

(2) Without prejudice to section 49, a registered trade union that contravenes subsection (1) shall be guilty of an offence and shall be liable to a finc of Give hundred dollars.

34. The funds of a registered trade union shall not be applied Us of either directly or indirectly for any political purpose or be paid or funds for transferred to any person or bady of persons in furtherance of any purposes. political purpose whether within or without the Colony.

political

accounts

35, (1) The treasurer of a registered trade union and every other Treasurer ollicer thereof who is responsible for the accounts of the trade union to render or for collection, disbursement, custody or control of the funds or to members. moneys thereof shall, upon resigning or vacating his office and at least once in every year at such time as may be specified in the rules of the trade union and at any other times at which he may be required to do so by a resolution of the voting members of the trade union or by the rules thereof, render to the trade union and its members a just and true account of all moneys received and paid by him during the period that has elapsed since his assuming office or, if he has previously rendered an account, since the last date upon which he rendered such account, and of the balance remaining in his custody at the time of rendering such account and of all bonds, securities or other property of the trade union entrusted to his custody or under his control.

(2) The form of account may be prescribed.

(3) The trade union shall cause the account to be audited by some person approved for that purpose by the Registrar.

(4) After the account has been audited. the treasurer or other officer referred to in subsection (1) shall, if he is resigning or vacating his office or if so required by resolution of the voting members of the trade union or by the rules thereof, as the case may be, hand over to the trade union such balance as appears to be duc from him and all bonds, securities, effects, books, papers and property of the trade union in his custody or otherwise under his control.

(5) If the treasurer or other officer referred to in subsection (1) fails to hand over such balance or such other things as are referred to in subsection (4) in accordance with that subsection, the trade union or any voting member thereof may sue him in any competent court for the balance appearing to have been due from him upon the account last rendered by him and for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his custody, leaving him to set off in such action the sums, if any, that he may have since paid on account of the trade union, and in any such action the plaintiff shall be entitled to recover full costs of the suit to be taxed as between solicitor and client.