TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 27

Explanatory Memorandum

This Bill seeks to make a number of amendments to the principal Ordinance.

2.

Clause 2 deletes "Registration" from the short title of the principal Ordinance. The Ordinance covers far more than the registration of trade unions and it is felt that the use of that word in the title is misleading.

3.

There are references to branches of trade unions in various sections of the Ordinance but "branch" is not defined. Clause 3 provides such a definition. Clause 3 also deletes the definition of "workman" and replaces it with a definition of "employee". This change reflects the practice in the United Kingdom. Clause 3 also contains a number of amendments consequen- tial upon the new definition of "employee".

4.

Section 5(3) is amended by clause 4 so that an applica- tion for registration must be signed by seven voting members. Clause 4 further amends section 5 by providing that a temporary trade union, formed for the purposes of a single trade dispute, may be exempted from registration. It is felt that the require- ment to register would impose a heavy burden on such a trade union. In order to protect exempted trade unions the safeguards afforded by section 9 are extended to such unions (clause 8).

5.

Clause 5 amends section 6 by deleting "or withdrawn". The Registrar cannot withdraw a certificate of registration.

6.

The object of clause 6 is to empower the Registrar to refuse to register a trade union if it is substantially a union the certificate of registration of which was cancelled under section 10(1) but the Registrar shall not refuse registration solely on the ground that the membership of the trade union applying for registration includes members of the de-registered trade union.

7.

Clause 7(a) contains amendments consequential upon clause 6. Clause 7(b) amends section 8 by providing that appeals against the refusal of the Registrar to register a trade union are to be heard by a judge of the Supreme Court rather than by the Full Court, which is thought to be an inappropriate forum for hearing appeals of this nature. Similar amendments are effected by clauses 9, 16(a) and 17. Clause 27 makes a consequential amend- ment to section 64 which deals with appeals.

8.

9.

Clauses 10 and 11 correct clerical errors.

Clause 12 has three objects. Firstly, it clarifies section 17(1) by adding "industry" after "trade". Secondly, it makes it clear that a man is not to be refused membership of a trade union because he is casually or seasonally employed in the trade, industry or occupation with which the union is directly concerned. Thirdly, subsection (3) is replaced with a new provi- sion which will prevent any person who has been convicted within a period of five years prior to his appointment of a serious offence from being an officer of a trade union, unless he has the consent of the Governor in Council.