211
212
31
30
Membership of minors,
Officers of trade union.
Affiliation outside the Colony.
Ordinance
No. 8 of
1920.
THE HONG KONG GOVERNMENT GAZETTE.
(ii) on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that such trade union has wilfully, and after notice from the Registrar, violated any of the provisions of this Ordinance or has ceased to exist.
(2) Not less than two months' previous notice specifying briefly the grounds of the proposed cancellation, except where the trade union has ceased to exist in which case notice of cancellation may be given forthwith, shall be given by the Registrar to the trade union before such cancellation is effected.
(3) An appeal from the decision of the Registrar under this section shall lie to the Governor in Council subject to the same conditions as are from time to time prescribed for an appeal against the refusal of the Registrar to register a trade union. The decision of the Governor in Council shall be final.
12. A person under the age of twenty-one, but above the age of sixteen, may be a member of a registered trade union, unless provision be made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the executive of a registered trade union.
13. (1) Every officer of a registered trade union shall be a person actually engaged or employed in an industry or occupation with which the trade union is connected.
(2) The Governor in Council may, by special or general order published in the Gazette, declare—
(a) that the provisions of this section shall not apply to any registered trade union or class of registered trade unions specified in the order, or (6) may grant exemption from the provisions of this section in respect of such officers or such proportion of the officers of any registered trade union or class of registered trade unions as may be specified in the order.
14. (1) Except with the consent of the Governor in Council no registered trade union shall be affiliated or connected with any trade union or other organization which is established outside the Colony in such a manner as to place the trade union which is established within the Colony, or any of its members, in any way or in any matter under the control of the trade union or other organization which is established outside the Colony.
(2) Every trade union so affiliated or connected which has not obtained the consent of the Governor in Council to be so affiliated or connected, or from which any such consent has been withdrawn, shall be deemed to be an unlawful society within the meaning and for all the purposes of the Societies Ordinance, 1920.
SUPPLEMENT NO. 1, MARCH 12, 1948.
name.
15. Any registered trade union may, with the consent of not Change of less than two-thirds of the total number of its members and subject to the provisions of section 16, change its name.
tion.
16. (1) Any two or more registered trade unions which are Amalgama- within the same trade or industry may become amalgamated together as one trade union with or without dissolution or division of the funds of such trade unions or either or any of them:
Provided that the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded, and that at least sixty per centum of the votes recorded are in favour of the proposal;
Provided further that the consent of the Governor in Council must first be obtained to any amalgamation in which one or more of the trade unions proposing to amalgamate is affiliated or connected with a trade union or other organization under sub- section (1) of section 14.
(2) Without prejudice to the generality of the expression "trade or industry "trade unions shall be deemed to be within the same trade or industry if the wages or conditions of employ- ment of their members are capable of determination in accordance with the conclusions of the same joint industrial council, trade board, conciliation board, or other similar body, or in accordance with agreements made with the same group of employers or employees.
17. (1) Notice in writing shall be given to the Registrar of Notice of every change of name and of every amalgamation, signed, in the change of case of a change of name, by the secretary and by seven members name or of amalgama- of the registered trade union changing its name, and, in the case tion. of an amalgamation, by the secretary and by seven members of each and every registered trade union which is a party thereto.
(2) If the proposed name is identical with that by which any other existing trade union has been registered or in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the Registrar shall refuse to register the change of name.
(3) Save as is provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this Ordinance in respect of change of name have been complied with, register the change of name, and the change of name shall have effect from the date of such registration.
(4) If the Registrar is satisfied that the provisions of this Ordinance in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 9, he shall register the trade union accordingly, and the amalgamation shall have effect from the date of such registra- tion.
(5) Any person aggrieved by the refusal of the Registrar
to register either a change of the name of a registered trade union or the trade union formed by the amalgamation of any two or more registered trade unions may appeal against such refusal in manner provided by section 10.
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