CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 223

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Rules by Governor in Council.

Second Schedule.

Immunity of trade unions

from actions

of tort.

Conspiracy in relation to trade

disputes.

THE HONG KONG GOVERNMENT GAZETTE.

(2) The rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters in the First Schedule.

27. (1) The Governor in Council may make rules respecting registration under this Ordinance and in particular but without prejudice to the generality of the foregoing power with respect to—

(i) the seal, if any, to be used by the Registrar for the purpose of registration under this Ordinance;

(ii) the forms to be used for such registration; (iii) the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein;

(iv) the fees to be charged for registration and inspection and any other service or matter prescribed or permitted by this Ordinance; and (v) generally for carrying this Ordinance into

effect.

(2) The rules set forth in the Second Schedule to this Ordinance shall constitute rules made under sub-section (1) of this section except in so far as they may be from time to time. revoked or amended by further rules made by the Governor in Council under such sub-section.

28. (1) An action against a trade union, whether of workmen or masters or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court.

(2) Nothing in this section shall affect the liability of a trade union or any official thereof to be sued in any court touching or concerning the property or rights of a trade union, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherance of a trade dispute.

29. (1) An agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be triable as a conspiracy if such act committed by one person would not be punishable as a crime.·

(2) An act done in pursuance of an agreement or com- bination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.

(3) Nothing in this section shall exempt from punish- ment any person guilty of a conspiracy for which a punishment is awarded by any law in force in Hong Kong.