TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 145

Offer of em- ployment conditional on offeree not being member of trade union.

2

(c) the right to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with the provisions of the Trade Unions Ordinance.

(2) Any employer, or any person acting on behalf of an employer, who—

(a) prevents or deters, or does any act calculated to prevent or deter, an employee from exercising any of the rights conferred on him by subsection (1); or

(b) terminates the contract of employment of, penalizes, or otherwise discriminates against, an employee by reason of his exercising any such right,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

(3) In this section-

"appropriate time" means, in relation to an employee taking part in any activities of a trade union, time which either—

(a) is outside his working hours; or

(b) is a time within his working hours at which, in accordance with arrangements agreed with or consent given by or on behalf of his employer, it is permissible for him to take part in those activities;

"working hours" means, in relation to an employee, any time when, in accordance with his contract with his employer, he is required to be at work.

21C. Any person who, acting on his own or another's behalf, in the engagement of persons for employment includes in an offer of employment to any person a condition or requirement that the per- son to whom the offer is made shall undertake-

(a) if he is a member or officer of such a trade union, that he will relinguish his member- ship thereof or office therein;