TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 36

HONG KONG

LEGAL REPORT

THE TRADE UNION REGISTRATION (AMENDMENT) ORDINANCE 1971

(No. 15 of 1971)

Enclosure No. 2

V

Section 2 deletes "Registration" from the short title of the principal Ordinance, since this deals with far more than the registration of trade unions.

2. Section 3 inserts a new definition of the word "branch", since there are references to branches of trade unions in various sections of the Ordinance. The definition of "workman" is replaced by a definition of "employee". This change follows the practice in the United Kingdom. The definition of "trade union" is amended by deleting "whether temporary or permanent".

3. Section 4 requires an application for registration to be signed by seven voting members.

4.

Section 5 removes the reference in section 6 to the with- drawal of a certificate of registration by the Registrar.

He has, in fact, no such power.

5. Section 6 empowers the Registrar to refuse to register a trade union if it is substantially a union the certificate of registration of which has been cancelled under section 10(1). The Registrar, however, may 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.

6. Appeals against the refusal of the Registrar to register a trade union are to be heard by a judge of the Supreme Court instead of by the Full Court, which is thought to be an inappropriate forum for hearing appeals of this nature. Similar amendments are effected by sections 8, 14(a) and 15. Section 27 provides that a further appeal will be from the Supreme Court to the Full Court.

7. Section 9 has three objects. Firstly, it clarifies section 17(1) of the principal Ordinance by adding "industry" after "trade". Secondly, it provides that a person is not to be refused membership of a trade union because he is casually or seasonally employed in a trade, industry or occupation with which the union is directly con- cerned. Thirdly, a person who has been convicted of an offence specified in the First Schedule may not be an officer of a trade union for a period of five years after conviction or release from prison unless he has the consent of the Governor in Council. Section 10 adds a new section 17A, which empowers the Registrar of Trade Unions to apply to the court for an injunction restraining ineligible persons from becoming officers and members of a trade union.

8.

biction 11 amends section 18

A new section 20A requires a trade union to have a seal; this provision will facilitate the acquisition and transfer of union property (section 12). Section 13 requires unions to notify the Registrar in writing of branches and of various union undertakings. Section 14(b) makes it an offence not to comply with subsection (2) of section 23 of the principal Ordinance, which deals with applications

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