CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 220

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THE HONG KONG GOVERNMENT GAZETTE.

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Trade unions not criminal.

Trade

unions not

unlawful

for civil

purposes.

Trade

union pro- hibited from carrying on business unless

registered.

Registrar

of trade unions.

Registration of trade unions,

Compulsory registration.

Provided that nothing in this Ordinance—

(a) shall affect

(i) any agreement between partners as to their own

business;

(ii) any agreement between an employer and those employed by him as to such employment;

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

(b) shall preclude any trade union from providing benefits for its members;

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registered means registered under this Ordinance; Registrar means the Registrar of Trade Unions; workmen means all persons employed in trade or industry, whether or not in the employment of the employer with whom a trade dispute arises.

3.

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

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

5.

(1) No trade union or any member thereof shall perform any act in furtherance of the purposes for which it has been formed unless such trade union has first been registered.

(2) Auy trade union or any officer or member thereof who contravenes the provisions of this section shall be guilty of an offence punishable with a fine not exceeding five hundred dollars.

6. The Governor may appoint such person as he may think fit to be the Registrar of Trade Unions.

7.

Any seven or more members of a trade union may, by subscribing their names to the rules of the union and otherwise complying with the provisions of this Ordinance with respect to registration, register such trade union under this Ordinance: Provided that if any one of the purposes of such trade union be unlawful such registration shall be void.

8. (1) Every trade union shall be registered in accordance with the provisions of this Ordinance or be dissolved within six months of the date-

(i) of its formation, or

(ii) of any notification by the Registrar that he has refused under section 10 to register the trade union, or

(iii) of the commencement of this Ordinance which-

ever is the later date.

SUPPLEMENT NO. 1, MARCH 12, 1948.

(2) Every trade union which is not registered or dissolved within the period prescribed in the preceding sub-section and every officer thereof shall be guilty of an offence punishable with a fine not exceeding one hundred dollars for every day it remains unregistered after the expiration of such period.

9. With respect to the registry under this Ordinance of a Rules for trade union and of the rules thereof, the following provisions shall registry. apply:---

(i) An application to register the trade union and its rules shall be sent to the Registrar with copies of the rules and a list of the titles and names of the officers of the trade union.

(ii) The Registrar upon being satisfied that the trade union has complied with the rules respecting registry in force under this Ordinance shall subject to the provisions of section 10 register the trade union and rules.

(iii) No trade union shall be registered under a name identical with that by which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members or the public.

(iv) The Registrar upon registering a trade union shall issue a certificate of registration.

10. (1) If the Registrar is satisfied that

Refusal of

(i) the applicants have not been duly authorised to registration.

apply for registration; or

(ii) any of the purposes of the trade union is

unlawful; or

(ii) the application is not in conformity with the

provisons of this Ordinance;

he may refuse registration.

(iv) The Registrar may also, in his discretion, refuse to register any trade union if he is satisfied that any previously registered trade union adequate- ly represents, for that particular trade, the objects of the proposed trade union.

(2) When the Registrar refuses to register a trade union he shall forthwith inform the applicants in writing of the grounds of his refusal.

(3) An appeal shall lie to the Governor in Council from a refusal of the Registrar to register a trade union and on such appeal the Governor in Council may make any such order as it thinks proper.

Any such order of the Governor in Council shall be final.

(4) Any appeal under sub-section (3) shall be presented, considered and disposed of in such manner and in such form as may be prescribed.

11. (1) It shall be lawful for the Registrar to cancel the Cancella- registration of any trade union-

registration.

(i) at the request of the trade union, to he evidenced in such manner as he may direct;

tion of

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