1961-HKRS29-8-28_Part03 — Page 35

(Cap. 151)

Punishment For with- holding money or property of a registered trade union.

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(5) Where a person is convicted of any such agreement or com- bination as is referred to in subsection (1) to do or procure to be done any act that 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 such act when committed by one person.

(6) Nothing in this section shall be construed in any way to limit or prejudice any of the provisions of the Societies Ordinance.

PART VIII.

Miscellaneous Offences Relating to Registered Trade Unions,

49. (1) If any officer or any other person being or representing himself to be a member of a registered trade union or the nominee, executor, administrator or assignee of a member thereof or any person whatsoever, by false representation or imposition, oblains possession of any moneys, securities, books, papers or other effects of such trade union, or, having the same in his possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union, the District Court, upon application made by such trade union or by any voting member of such trade union or by the Registrar, may make an order requiring such officer, member or other person to deliver up to the trade union all such moneys, securities. books, papers, or other effects of the trade union, or to repay the amount of the moneys applied improperly, and to pay to the trade union, if the District Court thinks fit, a further sum of money not exceeding two hundred dollars together with the costs of the applica- tion, and, in default of delivery of such effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said court may order such officer, member or person to be imprisoned for any time not exceeding three months:

Provided that nothing in this subsection shall prevent any criminal proceedings being taken against such officer, member or other person in relation to any matter in respect of which an order was made under this subsection.

(2) Without prejudice to the provisions of subsection (1), any registered trade union or any voting member of a registered trade union or the Registrar may apply to the District Court for an injunction restraining an officer of the trade union from holding office or con- trolling trade union funds, and the District Court, if satisfied that there is a prima facie case against such officer for the fraudulent misuse of the funds of the trade union, may grant such injunction.

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50. Any person who, with intent to mislead or defraud- (a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union a copy of any rules, or of any alterations or amendments of any rules, other than those that have been registered for the time being under this Ordinance, on the pretence that such rules are registered or that there are no other rules of such trade union; or

(b) gives a copy of any document purporting to be rules on the pretence that such document contains the rules of a trade union registered under this Ordinance, that is not so registered;

or

(c) uses any sign, seal or stationery of any unregistered trade

union on the pretence that such trade union is registered, shall be guilty of an offence and shall be liable to a fine of five hundred dollars and to imprisonment for three months.

Circulating false copies of rules, cic.

documents

51. (1) No person who is a member of a registered trade union Possession shall, without lawful authority or excuse, have in his possession or of certain under his control any document that is, or purports or appears to be, unlawful. an order, direction or advice by or on behalf of, or in the name of, any trade union or any labour, political, cultural or social organization that is established outside the Colony, with regard to any action by any person or persons within the Colony:

Provided that this section shall not apply to any such document issued by or on behalf of, or in the name of, any such trade union or such organization established outside the Colony if the person having such document in his possession or under his control is a member of a registered trade union established within the Colony that is, with the consent of Governor in Council, a member of any kind of such trade union or such organization established outside the Colony,

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for three months.

52. (1) If it appears to the Registrar that any registered trade Contraven union or any officer thereof has contravened or is about to contravene tion of rules. any of the rules of the trade union respecting any of the matters specified in the First Schedule, the Registrar may serve upon the trade First anion or upon such officer, as the case may be, a notice in writing Schedule. requiring the trade union or such officer to comply with such rule.

(2) If any registered trade union upon which, or any officer of a registered trade union upon whom, a notice has been served under subsection (1) fails to comply with such notice, the trade union or such officer, as the case may be, shall be guilty of an offence and shall be liable to a fine of two hundred dollars.