1964_TRADE_UNIONS_ORDINANCE — Page 22

1989 Ed.]

Trade Unions

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(4) A registered trade union that contravenes subsection (2) or fails to furnish, within the period specified therein, any particulars which the Registrar may have required under subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine of $200.

23. Change of name

(1) A registered trade union may agree to change its name by the vote in secret ballot of not less than two-thirds of its voting members.

(2) Where a registered trade union has so agreed to change its name, application for the registration of the change of name shall be made to the Registrar within 14 days thereof.

(3) If-

(a) the proposed name is identical with that under which any other trade union, whether existing or not, is or 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 trade union;

or

(b) the provisions of this Ordinance in respect of change of name have not been complied with,

the Registrar shall refuse to register the change of name.

(4) Save as provided in subsection (3), the Registrar shall register the change of name.

(5) Any person who considers that the Registrar was wrong in refusing to register a change of the name of any registered trade union in that, as the case may be-

(a) the proposed name was not such a name as is specified in subsection (3)(a);

(b) the provisions of this Ordinance in respect of change of name had been complied with,

may, within 14 days after the refusal of the Registrar to register the change of name, appeal to the High Court, which may, if it finds that the refusal of the Registrar to register the change of name was wrong as aforesaid, so declare and thereupon the Registrar shall register the change of name, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 14)

(6) No change of name of a registered trade union shall-

(a) take effect until the same has been registered under this section;

(b) affect any right or obligation of the trade union or any member thereof.

(7) Where, in respect of any registered trade union that has changed its name, any proceeding or cause of action was pending or existed at the time of the change of name, the same may be continued or enforced by or against the trade union under its new name.