TNAG-2556-FCO40-3731-Hong-Kong-Bill-of-Rights-Societies-(Amendment)-Bill-1992-1992 — Page 141

A426

Ord. No. 59 of 1991

HONG KONG BILL OF RIGHTS

Article 18

Freedom of association

(1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his

interests.

(2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

(3) Nothing in this article authorizes legislative measures to be taken which would prejudice, or the law to be applied in such a manner as to prejudice, the guarantees provided for in the International Labour Organiza- tion Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize as it applies to Hong Kong.

[cf. ICCPR Art. 22]

>

1988 Ed.]

Refusal of registration, etc.

Societies Ordinance (CAP. 151

5

6. (1) The Registrar may refuse to register or to exempt from registra- tion a society if—

(a) the society is a branch of or is affiliated to or is connected with any society whose registration has been cancelled or whose exemption from registration has been rescinded; or

(b) the society is unlawful by virtue of any other enactment; or

(c) any group of members of the society or any office-bearers of the society have in any way been connected with or participated in or instigated or supported the commission of an offence under this Ordinance, or any office-bearer of the society has been convicted of an offence under any other Ordinance which, in the opinion of the Registrar, renders him unfit to hold office in the society. (Amended, 36 of 1982, s. 3)

(2) The Registrar, after consultation with the Chief Secretary, may refuse to register or to exempt from registration a society if he is satisfied that—

(a) the society is a branch of or is affiliated to or is connected with any organization or group of a political nature established outside Hong Kong; or

(b) the society has exercised or is exercising or intends to exercise or has attempted to exercise influence over the conduct or management of any school as defined by section 3 of the Education Ordinance (Cap. 279), or over any teacher or pupil in any such school and that such influence is

(i) of a political nature; or

(ii) prejudicial to the conduct or management of such school or to the welfare and good order of any such teacher or pupil; or

(c) the society is likely to be used for any purpose prejudicial to or

incompatible with peace, welfare or good order in Hong Kong.

Amended, 30 of 1988, s. 4)

( Added, 28 of 1961, s. 3.