1989 Ed.]
Trade Unions
[CAP. 332
33
assignee of a member thereof or any person whatsoever, by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of such trade union, or having the same in his possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union, the District Court, upon application made by such trade union or by any voting member of such trade union or by the Registrar, may make an order requiring such officer, member or other person to deliver up to the trade union all such moneys, securities, books, papers, or other effects of the trade union, or to repay the amount of the moneys applied improperly, and to pay to the trade union, if the District Court thinks fit, a further sum of money not exceeding $200 together with the costs of the application, and, in default of delivery of such effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said court may order such officer, member or person to be imprisoned for any time not exceeding 3 months:
Provided that nothing in this subsection shall prevent any criminal proceedings being taken against such officer, member or other person in relation to any matter in respect of which an order was made under this subsection.
(2) Without prejudice to the provisions of subsection (1), any registered trade union or any voting member of a registered trade union or the Registrar may apply to the District Court for an injunction restraining an officer of the trade union from holding office or controlling trade union funds, and the District Court, if satisfied that there is a prima facie case against such officer for the fraudulent misuse of the funds of the trade union, may grant such injunction.
50. Circulating false copies of rules, etc.
Any person who, with intent to mislead or defraud-
(a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union a copy of any rules, or of any alterations or amendments of any rules, other than those that have been registered for the time being under this Ordinance, on the pretence that such rules are registered or that there are no other rules of such trade union; or (b) gives a copy of any document purporting to be rules on the pretence that such document contains the rules of a trade union registered under this Ordinance, that is not so registered; or (c) uses any sign, seal or stationery of any unregistered trade union
on the pretence that such trade union is registered,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $500 and to imprisonment for 3 months.
1989 Ed.]
Trade Unions
[CAP. 332
33
assignee of a member thereof or any person whatsoever, by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of such trade union, or having the same in his possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union, the District Court, upon application made by such trade union or by any voting member of such trade union or by the Registrar, may make an order requiring such officer, member or other person to deliver up to the trade union all such moneys, securities, books, papers, or other effects of the trade union, or to repay the amount of the moneys applied improperly, and to pay to the trade union, if the District Court thinks fit, a further sum of money not exceeding $200 together with the costs of the application, and, in default of delivery of such effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said court may order such officer, member or person to be imprisoned for any time not exceeding 3 months:
Provided that nothing in this subsection shall prevent any criminal proceedings being taken against such officer, member or other person in relation to any matter in respect of which an order was made under this subsection.
(2) Without prejudice to the provisions of subsection (1), any registered trade union or any voting member of a registered trade union or the Registrar may apply to the District Court for an injunction restraining an officer of the trade union from holding office or controlling trade union funds, and the District Court, if satisfied that there is a prima facie case against such officer for the fraudulent misuse of the funds of the trade union, may grant such injunction.
50. Circulating false copies of rules, etc.
Any person who, with intent to mislead or defraud-
(a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union a copy of any rules, or of any alterations or amendments of any rules, other than those that have been registered for the time being under this Ordinance, on the pretence that such rules are registered or that there are no other rules of such trade union; or (b) gives a copy of any document purporting to be rules on the pretence that such document contains the rules of a trade union registered under this Ordinance, that is not so registered; or (c) uses any sign, seal or stationery of any unregistered trade union
on the pretence that such trade union is registered,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $500 and to imprisonment for 3 months.
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