1961-HKRS29-8-28_Part03 — Page 38

Authenticated Laws 確真本香港法例 All

Ordinance not to affect certain agrees

ments.

Notification in the Gazette.

Provistons

of certain

Ordinances

not to apply

to trade

unious or

trade union

federations

(Cap. 33).

(Cap. 32).

Transitional provisions (Cep. 64).

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(2) The decision of the Full Court upon any such appeal shall be final.

65. Nothing in this Ordinance shall affect-

(a) any agreement between partners as to their own business; (b) any agreement between an employer and those employed by

him as to such employment; or

(c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.

66. The Registrar shall notify the following facts in the Gazeffe- (a) the fact that a trade union has applied for registration under

this Ordinance;

(b) the fact that a trade union has been registered under this Ordin-

ance or that registration has been refused;

(c) the fact that the registration of a trade union has been

cancelled;

(d) the fact that any change of name, amalgamation or federation

relating to any trade union has been registered; and

(e) the fact that any registered trade union has been dissolved.

67. Subject to the provisions of this Ordinance, the following Ordinances, that is to say--

(a) the Co-operative Societies Ordinance; and

(b) the Companies Ordinance,

shall not apply to a trade union or a trade union federation and the registration of a trade union or a trade union federation under either of the said Ordinances shall be void and of no effect.

68. (1) Any trade union that, on the commencement of this Ordinance, is registered under the Trade Unions and Trade Disputes Ordinance shall be deemed to have been duly registered under this Ordinance and its rules shall be deemed to have been so registered:

Provided that nothing in this subsection shall be deemed to exempt any such trade union from compliance with subsection (1) of section 18.

(2) Any notice of cancellation of registration issued under the Trade Unions and Trade Disputes Ordinance effective under that Ordin- ance on the commencement of this Ordinance shall be deemed to have been issued under this Ordinance and shall be effective for all purposes with effect from the date of the issue thereof.

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(3) If a trade union is registered under the Companies Ordinance (Cap. 32), or the Co-operative Societies Ordinance and the same shall become (Cap. 33). registered under this Ordinance, all of the property and assets of what description soever vested in the trade union by virtue of registration under the Companies Ordinance or the Co-operative Societies Ordin- ance, as the case may be, together with all rights and liabilities, whether present, future, certain or contingent, shail forthwith be deemed vested in the trade union by virtue of its registration under this Ordinance, and all causes of action subsisting, or suits or other legal proceedings pending, by or against the trade union by reason of or arising out of its registration under the Companies Ordinance or the Co-operative Societies Ordinance, as the case may be, shall subsist or be continued by or against such trade union by virtue of its registration under this Ordinance.

(4) If any unincorporated association, being a trade union within the meaning of this Ordinance. shall become registered thereunder, all of the property and assets of what description soever belonging to the members of such association by virtue of membership thereof or vested in trustees for the members of such association shall become vested in the registered trade union upon registration together with all rights and liabilities, whether present, future, certain or contingent, and all causes of action subsisting, or suits or other legal proceedings pending. by or against any trustees for the members of such association or any officer or member on behalf of himself and all other members of such association shall subsist or continue by or against such registered trade union in the name under which it is registered.

69. The Trade Unions and Trade Disputes Ordinance is amended Repeals and as specified in the Second Schedule.

FIRST SCHEDULE.

Matters for which provision must be made in the rules of every registered trade union.

The rules of every registered trade union shall......

amendruerits. (Cap. (4). Second Schedule.

[8. 18.]

1. contain a statement of the name of the trade union and the address of its

registered office:

2. declare the whole of the objects for which the trade union is established;

3. subject to the provisions of section 17, declare the conditions under which

persons may enjoy-

(a) voting membership; and

(b) non-voting membership:

4. (a) provide for the keeping of a register of members of the trade union;

and

(b) make provision for the maintenance of discipline within the trade union, including provision for appeal to the voting members at a general

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