TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 20

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The principal objects of a trade union must be those contained in the definition of "trade union" under section 2 of the ordinance, but the ordinance does not stop a trade union from having other objects. Section 34, however, prohibits a trade union from using its funds for political purposes. Sections 40 to 43 protect a trade union from action against it for tort, conspiracy, or breach of contract.

Special protection is given under section 5 to the promoters of a trade union from the time that their application for registration is lodged with the Registrar until the time that their application is either approved or refused.

Article 3

Workers' unions and employers' associations are free to conclude collective agreements and there is no legislation to restrict this freedom. The Labour Department, through its trade union education programme and by the preparation and free distribution of literature on the subject, has taken active steps to encourage trade unions to conclude collective agree- ments.

Article 4

The Labour Advisory Board, on which employers' and workers' interests are represented, provides the machinery for consulting employers and workers regarding the adoption and implementation of measures to ensure the protection of workers. The Board which meets under the chairmanship of the Commissioner of Labour, comprises four employers' representatives and four workers' representatives. Of the four workers' representatives, two are elected annually by the trade unions.

Article 5

It is the policy of the Hong Kong Government to leave the main responsibility for the settlement of terms and conditions of employment to employers and workers and to their respective associations. The Labour Department is, however, at all times, prepared to offer its advice to employers and workers and their associations and to investigate disputes arising out of terms and conditions of employment. These services offered by the Labour Department in the field of investigation and mediation are well known and are freely used by all parties concerned.

Article 6

1. One Labour Officer and three Assistant Labour Officers, forming the Conciliation Section of the Labour Department, are specially assigned to the investigation and settlement of labour disputes. Where machinery for negotiation exists, the Labour Department does not normally intervene in any dispute unless that machinery has been fully utilised and has failed.

2. One Labour Officer and one Assistant Labour Officer form another section of the department the Advisory Services Section, whose functions include the measures indicated in this part of the Article.

Article 7

There is no machinery for the settlement of labour disputes other than voluntary joint negotiation between employers and employees and/or between their respective association and trade union, with or without the mediation of the Labour Department. In the event of these voluntary negotia- tions breaking down, there is, under the Trade Disputes Ordinance (Cap. 64 of the Laws of Hong Kong, 1950 edition), machinery for voluntary arbitration. Under section 35 of that ordinance, the Governor may, where a trade dispute exists or is apprehended, and where voluntary negotiating machinery within the trade or industry fails or is absent, refer the matter, with the consent of both parties, to an arbitration tribunal. The tribunal may consist of either a sole arbitrator to be agreed upon by both parties to the dispute or of an arbitrator agreed upon by both parties to the dispute, assisted by one or more assessors nominated by the employers and an equal number of assessors nominated by the workers.