1964_TRADE_UNIONS_ORDINANCE — Page 31

Trade Unions

[1989 Ed.

on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

43. Prohibition of actions in tort against registered trade unions

(1) An action against a registered trade union, whether of employees or employers, in respect of any tortious act alleged to have been committed in contemplation or furtherance of a trade dispute by or on behalf of such trade union shall not be entertained by any court. (Amended 15 of 1971 s. 19)

(2) Nothing in this section shall affect the liability of a registered trade union, or any trustees thereof, to be sued in any court touching and concerning any property, or any right or claim to property, of such trade union, except in respect of any tortious act committed by or on behalf of such trade union in contemplation or furtherance of a trade dispute.

44. Trade union contracts

Nothing in this Ordinance shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely

(a) any agreement between members of a trade union as such concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ or be employed;

(b) any agreement for the payment by any person of any subscription or penalty to a trade trade union;

(c) any agreement for the application of the funds of a trade union-

(i) to provide benefits for members; or

(ii) to furnish contributions to any employer or employee not a member of such trade union, in consideration of such employer or employee acting in conformity with the rules or resolutions of such trade union; or (Amended 15 of 1971 s. 20)

(iii) to discharge any fine imposed on any person by sentence of a court of justice; or

(d) any agreement made between one trade union and another; or

(e) any bond to secure the performance of any of the above mentioned agreements,

but nothing in this section shall be deemed to constitute any of the above mentioned agreements unlawful.