TNAG-0233-FCO40-269-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 37

XCC(70)62

CONFIDENTIAL

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consequential amendment to the present Schedule to the Ordinance, which is redesignated and referred to as the Second Schedule in clauses 11, 15(a), 23 and 30. The effect of this amendment is that the rules of a union must contain provision for the custody and use of the union's seal.

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There are usually different categories of membership in a trade union and some members may not be eligible to vote under its rules on particular matters. It is considered proper that decisions to apply for the registration of a trade union, or to amalgamate it with other unions, should be reached only by those who are eligible by the rules of the trade union to vote on important issues. Accordingly, clauses 4 and 16 amend respectively sections 5(3) and 30(1)(b) so to restrict these decisions solely to voting members.

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Members should be adequately protected against persons seeking to use unions for their own personal gain. Section 17(3) already prohibits a person from holding office in a trade union if he has been con- victed of a crime involving fraud, dishonesty, extortion, or membership of a triad society. However, this list of offences is thought to be too restricted since it is, for example, undesirable that persons convicted of offences involving violence should be permitted to hold office. On the other hand, exclusion from office for life is considered to be too harsh and that it will be a sufficient safeguard if a person convicted of the specified offences is debarred from office for five years. Accordingly, clause 9(c) provides that a person convicted of any offence specified in a new First Schedule to the Ordinance shall not be permitted to be an officer within a period of five years from the date of his conviction or discharge from prison, whichever is the later, except with the permission of the Governor in Council. Clause 29 introduces a new First Schedule, which sets out the offences debarring a person from holding office. By clause 9(c), the Governor is empowered to amend the First Schedule by an order published in the Gazette.

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Section 33(1) restricts the purposes on which the funds of a trade union may be spent. Clause 17(c) authorises the use of such funds for the payment of fines imposed on a trade union. Clause 17(b) transfers the authority for approving contributions or donations to trade unions or other similar organisations outside Hong Kong, and for approving any other purposes for which the funds may be used, from the Governor in Council to the Governor.

Protection of officers and members against improper action by the Registrar

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The second group of amendments is designed to protect officers and members of trade unions against improper or unreasonable action by the Registrar of Trade Unions. At present, several sections of the Ordinance give trade unions a right of appeal against decisions of the Registrar to the Full Court. It is considered that appeals of this nature should be to the Supreme Court. Clauses 7(b), 8, 14(a), and 15(b) provide accordingly for appeals against decisions of the Registrar to refuse regis- tration under section 8, to cancel registration under section 12, to refuse to register a change of name under section 23(5), and to refuse to consent

CONFIDENTIAL