TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 15

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That compulsory registration of trade unions does not restrict the establishment of workers' and employers' organizations can be demonstrated by the figures of trade union registration since such legislation was first introduced in 1948. In all, a total of 435 unions has been registered, increase of 17 since the previous report. On the other hand, registrations of 126 unions have been cancelled since 1948: these comprised 33 cancellations at the request of the trade unions themselves, 13 for violations of the provisions of the ordinance, 59 for unions ceasing to exist, 15 voluntarily dissolved, 4 cancelled on their becoming amalgamated and registered as 2 new unions, 1 for obtaining its Certificate of Registration by fraudulent means, and 1 for allowing itself to be used for an unlawful purpose. The number of registered trade unions at the end of the period under review was 309. Article 3 (applied with modification)

Whilst certain conditions pertaining to the constitutions and administration of trade unions are laid down in Parts IV, V, and VIII of the ordinance, these do not restrict the growth of the local trade unions move- ment.

However, because of the provisions in sections 17 (subsections 1, 2, 3, 4 and 5), 24 to 31, 34 and 52, this article has been declared applicable with the following modifications:

1.

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3.

All officers of a trade union are required to be habitually engaged or employed in the trade or occupation with which the trade union is concerned and no person may hold office in more than one trade union but these requirements may be modified at the discretion of the public authority.

The funds of a trade union may be expended only for objects specified in national laws or approved by the public authority.

Amalgamation of registered trade unions is subject to the consent of the public authority (i.e. the Registrar of Trade Unions) where either of the trade unions is a member of an organization established outside the territory.

4. The public authority (i.o. the Registrar of Trade Unions) may in

certain circumstances intervene for the purpose of supervising the accounts of trade unions and ensuring the application of their rules.

Article 4

Cancellation of registration is provided for in sections 10 to 12 of the ordinance. Refusal of registration is provided in sections 7 and 8 and voluntary dissolution under section 32. There are no other ways in which a trade union can be suspended or dissolved. To date, the registrations of 13 unions have been cancelled because of violation of the legal provisions governing trade unions. In addition, the registration of one union was cancelled because it was used for an unlawful purpose, and another because it obtained its certificate of registration by fraudulent means.

Appeals may be lodged in the Full Court within 28 days of receipt of the Registrar's two months' notice of intended cancellation, except that where a trade union has ceased to exist or has requested cancellation (in which case no notice of cancellation is required), any voting member may lodge an appeal within 14 days after cancellation of registration.

With reference to the Direct Request made by the Committee of Experts in March, 1965, to the United Kingdom Government in respect of its non- metropolitan territorios, seeking clarification of the procedure on appeals against cancellation of registration (to which a separate reply was recently submitted), it will have been noted that cancellation of registration is deferred until the time allowed for appeal has expired or until appellate proceedings have been determined.

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