TNAG-0338-FCO40-374-Report-of-visits-of-Overseas-Labour-Adviser--G-Foggon--from--1972 — Page 55

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Freedom of

association

of

employees

Appendix B

PROTECTION AGAIFT LOTS OF TI-UNION DISCRIMINATION

MOULL CLAUSE

(1) An employer shall not make it a condition of employment that a workman shall not be or shall not become a member of any or a particular trade union cr other association representing workmen in any trade or industry, and ary such condition in any contract of employment entered into before or after the commencement of this Ordinance shall be void.

(2) Notwithstanding anything contained in any law enacted before the commencement of this Ordinance a workman shall not be prohibited from being or becoming a member of any trade union or subjected to any penalty by reason of his membership of such trade union.

(3) Any employer who contravenes the provisions of subsection (1) of this section and every person who, whether acting on his own behalf or on behalf of an association or of an employer and whether or not acting in contemplation or furtherance of a trade dispute, compels, persuades or induces, or attempts to compel, persuade or induce, any employer to contravene the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction

(a)

(6)

in the case of an employer to a fine not exceeding

or to imprisonment for a tern not exceeding

; or

in the case of any other person to a fine not exceeding

or to imprisonment

for a term not exceeding

Offences

خولة

Companies, etc.

hen any person guilty of an offence under this Ordinance is a company or corporation or when such person is an association, every director and officer of the company or corporation and every member of the committee of the association, shall be guilty of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

CONFIDENTIAL

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