TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 189

NOTHING TO BE WRITTEN IN THIS MARGIN

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conditional discharge may be imposed; but

it seems from the draft that the mere fact

of conviction would be sufficient to exclude

an individual from becoming an officer of

a trade union-and the definition of an officer

is a fairly wide one. Moreover, no reference

is made to any time period. It is customary

in other places which include this kind of

prohibition in their trade union law (a

provision coresponding to the existing section

the

17 (3)) for the words "within past five years"

or something similar to be included. In

view of these words, I prefer the existing

wording, if possible modified similarly.

Clause 13

The new Section 17 (a) further extends the

power of the Registrar to intervene in the

affairs of a trade union. No right of appeal

is given against the Registrar's decision

in any action he might take in the terms

of new section 17 (A) (1) (a) (b) (@).

If however, there is a failure to act within

14 days, the Registrar must apply to the

Court. The Court will not be obliged to

grant the Registrar the remedy he asks for,

and will look into the whole circumstances

including the soundness of the Registrars

Also "opinion".

However, I have doubts about

the need for the new section 17 A (2) (c)

The union may wish to leave a vacancy unfilled

f.11

X

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and should not be compellable to feel it.

Clause 25

Regarding the revised section 63 (2) the cancellation

eongulation of the registration of a trade

union (under the provisions of section II)

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