1971-HKRS29-8-38_Part02 — Page 10

3

Amendment of section 5.

Amendment of section 6.

own management committee but who are under the control of the executive committee of such trade union and are bound by the con- stitution of the trade union to contribute to its funds;

"clerk" in relation to a trade union or a branch of a trade union or a trade union federation, means a clerk or other person appointed by, and acting under the instructions of, the execu» tive thereof and paid from the funds of the trade union or the branch of the trade union or the trade union federation, as the case may bet":

(b) by deleting the definition of "employee" and substitut-

ing the following-

"employee" means any person who has entered into or works under, or, in the case of a contract which has been terminated, worked under, a contract with an employer, whether the contract is by way of manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour:";

(c) in the definition of "trade dispule" by deleting "work- men" wherever it occurs and substituting in each place the following-

"employees";

(d) in the definition of "trade union" by deleting-

whether temporary or permanent,”;

(ii) "workmen" wherever it occurs and substituting in each place the following-

"employees";

(e) by deleting the semicolon after the definition of "welfare

fund" and substituting therefor a full stop:

(f)

by deleting the definition of "workman“.

4.

Section 5 of the principal Ordinance is amended in subsection (3) by inserting, after "seven", the following-

"voting".

5. Section 6 of the principal Ordinance is amended in subsection (1) by deleting "or withdrawn".

T

6. Section 7 of the principal Ordinance is amended in subsection (1)--

(a) by deleting the full stop at the end of paragraph (c) and

substituting the following-

"': or":

(b) by inserting after paragraph (c) the following-

7.

(a)

"(d) he is of the opinion that the trade union apply- ing for registration is substantially a trade union the certificate of registration of which has been cancelled under subsection (1) of section 10; but the Registrar shall not refuse registration solely on the ground that the membership of the trade union applying for registration includes members of the trade union the cer- tificate of registration of which has been cancelled.",

Section 8 of the principal Ordinance is amended-

by deleting the comma at the end of paragraph (c) and substituting a semicolon and by inserting thereafter the following-

"(d) the trade union was not such a trade unjon as is specified in paragraph (d) of subsection (1) of section 7":

(b) by deleting "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 afore- said, it may so declare" and substituting the following-

"the Supreme Court, which may, if it finds that the refusal of the Registrar to register the trade union was wrong as aforesaid, so declare".

8. Section 12 of the principal Ordinance is amended-

(a) in subsection (1), by deleting "the Full Court, and, if upon any such appeal the Full Court finds that the Registrar is not entitled as aforesaid to cancel the regis- tration of the trade union, it may so declare" and sub- stituting the following--

"the Supreme Court, which may, if it finds that the Registrar is not entitled as aforesaid to cancel the registration of the trade union, so declare";

(b) in subsection (2), by deleting "the Full Court, and, if upon any such appeal the Full Court finds that the can-

Amendment of Section 7.

Amendment of section 8.

Amendment of rection 12.