TNAG-0233-FCO40-269-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 39

XCC(70)62

CONFIDENTIAL

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15

Clause 28 imposes an obligation on the Registrar to give notice in the Gazette if an application for registration by a trade union has been withdrawn.

Amendments to definitions

16

The fourth group of amendments concerns definitions. The word "workman" is often associated solely with manual labour. It is therefore replaced by "employee", which is the term used in the Employ- ment Ordinance, by clause 3(b). The definition of "employee" follows the existing definition of "workman", but is expanded to include a person whose contract has been terminated.

17

Unfortunately, the term "employee" is already used in the Ordinance to mean a direct employee of a trade union. To avoid this difficulty, clause 3(a) substitutes "clerk" for "employee" in relation to employees of unions.

18

Clause 3(a) defines "branch", of which there is no definition at present. No distinction is made in the Ordinance between temporary or permanent trade unions and the words, "whether temporary or permanent" in the definition of "trade union" are meaningless and are deleted by clause 3(d)(ii).

Picketing of private residences

19

The fifth group contains minor amendments to Part VII, dealing with picketing, intimidation, and conspiracy. Section 46 permits peaceful picketing by persons acting either on their own behalf or on behalf of a registered trade union in contemplation or furtherance of a trade dispute, so long as picketing complies with the terms of the section, Lawful picketing may take place outside the residence of a person which is wholly unconnected with his business. It is considered unreasonable to allow the picketing of a private residence of a person, whether an employee or an employer, who is involved in a trade dispute, because neither the residence nor the members of the person's family who live there are involved in the dispute. Clause 21 accordingly amends section 46 to permit peaceful picketing only at a place where a person works or carries on business.

Miscellaneous matters

20

The sixth group deals with miscellaneous matters. The title of the Trade Union Registration Ordinance is misleading, since it deals with many trade union matters besides registration. Clause 2 therefore deletes the word, "Registration", from this title and re-titles the Ordinance as The Trade Unions Ordinance. In order that registered trade unions should become familiar with the revised Ordinance, it is intended that some time should elapse before it is brought into effect.

CONFIDENTIAL

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