1961-HKRS29-8-28_Part03 — Page 33

Authenticated Laws 確真本香港法例 All

Annual state- ment of Dccount an relome to be rendered Lo Registrar.

Inspection

of accounts.

Power to require detuiled accounts.

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36. (1) Every registered trade union shall furnish annually to the Registrar, not more than three months after the termination of each financial year of the trade union as specified in the rules thereof or within such further period as the Registrar may on application grant, a statement of account, audited by an auditor approved by the Registrar, of all receipts and expenditures during that financial year and of the assets and liabilities of the trade union. The statement shall be accom- panied by a copy of the auditor's report and shall be prepared in such form and shall contain such particulars as may be prescribed.

(2) Every registered trade union shall furnish to the Registrar on or before the 31st day of March in each year a return in the form prescribed showing the membership of the trade union and the names of the officers thereof on the 31st day of December in the preceding year and containing such other particulars as may be prescribed.

(3) Every member of a registered trade union shall be entitled to receive free of charge a copy of the statement of account referred to in subsection (1) and the secretary or other officer thereof specified in the rules of the trade union shall deliver a copy of such statement to every member of the trade union who makes application to him therefor.

(4) A registered trade union that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable to a fine of five hundred dollars.

37. (1) The account books of a registered trade union and the register of the members thereof shall be open to inspection by any officer or member of the trade union or any authorized agent thereof at such times and in such place as may be specified in the rules thereof and shall be open to inspection at any time by the Registrar or any person authorized in writing by him in that behalf and the Registrar or such person may for that purpose enter any premises occupied by the trade union or any branch thereof.

(2) Any person who opposes, obstructs or impedes the Registrar, or any person authorized by him under subsection (1), in the carrying out of such inspection shall be guilty of an offence and shall be liable to a fine of five hundred dollars and to imprisonment for three months.

38. (1) Without prejudice to any other provisions relating to the rendering of accounts, the Registrar may, at any time, call upon a registered trade union to render, in respect of any particular period, an account of the funds of the trade union or any branch thereof, or both, together with a statement of the assets and liabilities thereof, and such account shall show in particular such information, and shall be vouched in such manner, as the Registrar may require and shall be delivered to him within such period as he may specify.

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(2) Any registered trade union that fails to comply with a request made by the Registrar under subsection (1) shall be guilty of an offence and shall be liable to a tine of five hundred dollars.

PART VI

Rights and Liabilities of Trade Unious.

39. Subject to section 9, no trade union shall enjoy any of the Disabilities rights, immunities or privileges of a registered trade union until it is of unregis registered.

tered union.

40. The purposes of any registered trade union shall not, by Registered reason merely that they are în restraint of trade, be deemed to be trade union unlawful so as to render any member of such registered trade union liable to criminal prosecution for conspiracy or otherwise.

not criminal.

41. The purposes of any registered trade union shall not, by Registered reason merely that they are in restraint of trade, be unlawful so as to tradic unica render void or voidable any agreement or trust.

not unlawful for civit purposes.

suit in

certuin casc

42. No suit or other legal proceeding shall be maintained in any Immunity civil court against a registered trade union in respect of any act done from civil in contemplation or furtherance of a trade dispute to which a member of such trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

in tant

trade unions.

43. (1) An action against a registered trade union, whether of Prohibition workmen or employers, in respect of any tortious act alleged to have of actions been committed in contemplation or furtherance of a trade dispute by ngainst or on behalf of such trade union shall not be entertained by any court, registered

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

44. Nothing in this Ordinance shall enable any court to entertain Trade union any legal proceeding instituted with the object of directly enforcing or contracts. recovering damages for the breach of any of the following agreements, namely-

(a) any agreement between members of a trade union as such concerning the conditions on which any members for the time

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