1964_TRADE_UNIONS_ORDINANCE — Page 10

1989 Ed.]

Trade Unions

[CAP. 332

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7. Refusal of registration

(1) The Registrar may in his discretion refuse to register a trade union if—

(a) any of the provisions of this Ordinance or the regulations have not been complied with; or

(b) any of the purposes of such trade union is unlawful; or

(c) the name under which it is proposed to register the trade union is identical with that by which any other trade union, whether existing or having ceased to exist, has been registered, or so nearly resembles such name as to be likely to deceive the public or the members of such trade union or of any other existing trade union; or

(d) he is of the opinion that the trade union applying for registration is substantially a trade union the certificate of registration of which has been cancelled under section 10(1); but the Registrar shall not refuse registration solely on the ground that the membership of the trade union applying for registration includes members of the trade union the certificate of registration of which has been cancelled. (Added 15 of 1971 s. 6)

(2) Where the Registrar refuses to register a trade union, he shall forthwith serve upon the applicants for registration thereof a notice in writing to that effect and shall specify therein the ground for his refusal.

8. Appeals against refusal of Registrar to register trade union

Where the Registrar refuses to register a trade union, any of the applicants for the registration thereof who considers that the refusal of the Registrar to register the trade union on the ground specified in the notice of refusal to register was wrong in that, as the case may be

(a) the provisions of this Ordinance and the regulations had been complied with;

(b) the purposes of the trade union were not unlawful;

(c) the name under which registration of the trade union was sought was not such a name as is specified in section 7(1)(c);

(d) the trade union was not such a trade union as is specified in section 7(1)(d), (Added 15 of 1971 s. 7)

may, within 28 days after the service of such notice, appeal to the High Court, which may, if it finds that the refusal of the Registrar to register the trade union was wrong as aforesaid, so declare and thereupon the Registrar shall register the trade union, but, save as hereinbefore provided, the appeal shall be dismissed.

(Amended 15 of 1971 s. 7)

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