The Hong Kong government has imposed a system of compulsory registration under the Trade Union Ordinance. Under section 5.5 of the said Ordinance, the officers of any trade union which fails to meet the legal requirement, are liable to a fine of $1,000 and imprisonment for six months. Moreover, there are legal restrictions for workers from different occupations, industries to form unions of common interest. In section 17.1 of the same law, the membership of a trade union is confined to those who are ordinarily resident in HK and engaged or employed in a trade, industry or occupation with which the trade union is directly concerned'. If further frustrates the development of employee unions in HK while the development of industrial unions is weak and cross-occupation unions are necessary to promote the rights and general welfare of workers.
The legal authority of the Registrar in monitoring the administration of trade unions is unjustified. The Registrar has the power to monitor the trade union activities through the supervision of union rule books, accounts and related papers.
Trade unions are obliged by law to report to the Registrar on any changes of the rule book, on the offices and branches operated by the trade unions.
According to the law, the consent of the public authority is required for affiliation of local trade unions with any international organizations. Federations of trade unions may be established only by registered trade unions engaged in the same occupation or industry, and membership of federations of trade unions is restricted to registered trade unions engaged in the same trade, occupation or industry as the component trade unions comprising such trade union federations.
The regulation of amalgamation is strict. In section 30.1b of the Ordinance, a legitimate voting procedure of amalgamation requires that the participation of at least 50% of members from each union involved, and the votes in favour of amalgamation should exceed not less than 20% of those against the motion. In case that if one of the amalgamated union is an organization established outside Hong Kong, the consent of the Hong Kong Governor is required.
The right to organize unions is very much undermined by the non-existence of job security measures in Hong Kong. Anti-union discrimination clauses are written in section 21 of the Employment Ordinance but poorly enforced. Since the burden of proof is rested on the workers, it is very difficult for them to substantiate their case in court. The 90 New Bright Industry Co. case is a good example. This was the first case brought up after the law was enacted in 74. The employer defended by saying that the dismissal was due to the repudiation of employment contract other than trade union engagement. Finally the case was dismissed. In fact, the Confederation of Trade Unions (Hong Kong) has documented more than 30 cases of victimization in the last ten years.
The violation of the anti-union discrimination law only leads to a maximum fine of $20,000 but no reinstatement can be imposed.
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