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The formal conditions for the establishment and registration of trade unions are contained in Part III of the Trade Unions Ordinance. group of people may form a trade union and apply for registration as a trade union in accordance with the procedures laid down in sections 5 - 9 of the ordinance. Under section 5(3), every such application shall be made by not less than seven voting members of the trade union, any of whom may be officers thereof.
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The Registrar of Trade Unions may refuse to register a trade union any of the grounds set out in section 7 of the ordinance. However when he does so, the applicants have a right under section 8 to appeal within 28 days to the Supreme Court.
The conditions under which a person may become a member or an officer of a trade union are governed by section 17 of the Trade Unions Ordinance. This section provides, inter alia, that no person shall be refused membership of a trade union solely on the ground that he is casually or seasonally engaged or employed in the trade, industry or occupation with which the trade union is directly concerned.
There are no
requirements in respect of sex and nationality for eligibility for holding trade union
union office. However, the Trade Unions Ordinance provides that a person under the age of twenty-one years shall not be a member of the executive of a registered trade union. It also stipulates that no .person
shall, without the consent in writing of the Registrar, be an officer if, he has never been engaged or employed in a trade, industry ог occupation with which the trade union is directly concerned. So far, the Registrar has approved all such applications.
Under section
Existing legislation in Hong Kong imposes restriction only on those persons, who have been convicted of certain specific crimes from holding trade
trade union office.
17 (3) of the Trade Unions Ordinance, a person who has been convicted of any of the specific offences involving fraud, dishonesty, extortion and membership of a triad society, shall, except with the consent of the public authority, be disqualified for holding office for a period of five years counting from the date of his conviction or discharge from prison."
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There
are no regular armed forces in Hong Kong other than those under the direct administration of the United Kingdom. Members of these forces, including locally enlisted personnel, are not permitted to join a trade union by virtue of the regulations governing their own services.
Members of the Royal Hong Kong Police Force are prohibited by section 3 of the Police
Police Force Ordinance, Chapter 232, from trade union participation. However,
Commissioner of Police may establish, as he
He
may think fit, and recognise associations composed only of police officers.
may also seek the advice of any such association in any matter relating to the welfare and conditions of service of all or any police officers.
Other than members Ci the armed forces and the police, traffic wardens are also prohibited under section 59(6) of the Road Traffic Ordinance, Chapter 374, from becoming members of a trade union, save with the consent οι the Commissioner of Police. Traffic wardens, who are subject to the orders and direction of the Commissioner of Police, have all the duties and almost all the powers of a police officer in the discharge of their functions connected with road traffic. There are no other specific groups of persons who are not permitted to form or join trade
unions.
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