1971-HKRS29-8-38_Part02 — Page 11

Authenticated Laws 確真本香港法例 All

Amendment of section 17

9.

Addition of

new section 17A.

cellation of the registration of the trade union was wrong as aforesaid, it may so declare" and substituting the following-

"the Supreme Court, which may, if it finds that the cancellation of the registration of the trade union was wrong as aforesaid, so declare".

Section 17 of the principal Ordinance is amended—–—– (a) in subsection (1) by deleting "trade or occupation" wherever they occur and substituting in each place the following-

"trade, industry or occupation":

(b) in the proviso to subsection (1)-

(i) by deleting "and" at the end of paragraph (4): (i) by deleting the full stop at the end of paragraph (6) and substituting the following-

* and";

(ii) by inserting after paragraph (b) the following new paragraph-

"(c) no person shall be refused membership of a trade union solely on the ground that he is casually or seasonally engaged or employed in the trade. industry or occupation with which the trade union is directly concerned.":

(c) by deleting subsection (3) and substituting the follow-

ing

Fini Schedule.

First Schedule,

*(3) Save with the consent of the Governor in Council, no person who has been convicted of any offence specified in the First Schedule shall, withio the period of five years from the date of his convic- tion or discharge from prison, whichever is the later, be an officer of a registered trade union.

(3A) The Governor in Council may, by order published in the Gazette amend the First Schedule.".

10. The principal Ordinance is amended by adding after section 17, the following new section-

"Powers of

Registrar

in respeel

of union elections and membership.

17A. (1) The Registrar may, if he is of the opinion that-

(a) a person is an officer of a registered trade union in contravention of section 17 or any of the rules of the trade union;

5

(b) a candidate for election as an officer of a registered trade union is ineligible to be so elected by virtue of section 17 or any of the rules of the trade union; or

(c) a person is a member of a registered trade union in contravention of section 17 or any of the rules of the trade union, serve upon such officer, candidate or person, and upon the trade union, a notice in writing requiring the officer, candidate or person to cease holding office or to ccase being a candidate for election as an officer or to cease being a member of the trade union.

(2) If the officer, candidate or person fails within fourteen days of service to satisfy the Registrar that he has complied with a notice under subsection (1) the Supreme Court may, on the application of the Registrar--

(4) grant an injunction prohibiting such officer. candidate or person from holding office or being a candidate for election as an officer or being a member of the trade union;

(6) make a declaration that such officer, candi- date or person no longer holds office in the trade union or is no longer a candidate for election as an officer or a member of the trade union;

(c) make an order directing the trade union to hold, in such manner as the court may direct, a fresh election if an officer has ceased to hold office or a candidate for election as 30 officer has ceased to be a candidate by virtus of this section.”.

11. Section 18 of the principal Ordinance is amended by deleting "Schedule" wherever it occurs and substituting in cach place the following-

"Second Schedule".

Amendment of section 18.

12. The principal Ordinance is amended by adding, after Addition of section 20, the following new section-

new section 20A.

"Seal.

20A. (1) A registered trade union shall have a common seal bearing its registered name in legible characters.

(2) The common seal of a trade union shall only be used by the authority of the executive of the union

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