TRADE UNION AND TRADE DISPUTES ORDINANCE
Title
TRADE UNION AND TRADE DISPUTES ORDINANCE
Description
CHAPTER 64.
THE TRADE UNIONS AND TRADE DISPUTES
ORDINANCE.
ARRANGEMENT OF SECTIONS.
Section Page
1. Short title ............................... ... ... ... 439
2. Interpretation ........... ............... ... ... ... 439
.3. Trade unions not criminal .............. ... ... ... ... ... 440
4. Trade unions not unlawful .............. ... ... . ... ... 440
5. Trade union prohibited from carrying on business unless
registered ......... ................ ... 440
6. Registrar of trade unions................... ... ... ... ... 440
7. Registration of trade unions................ ... ... ... 440
8. Compulsory registration .................... ... ... ... ... 440
9. Rules for registry ...................... ... ... ... ... ... 441
10. Refusal of registration ................... ... ... ... ... 441
11. Cancellation of registration ........... ... ... ... ... ... 442
12. Membership, as concerns minors ......... ... ... ... ... ... 442
13. Officers of trade union ................... ... ... ... ... 442
14. Affiliation outside the Colony ....... ... ... ... ... 443
15. Change of name ......................... ... . 443
16. Amalgamation .............................. ... ... ... ... 443
17. Notice of change of name or of amalgamation ... ... 444
18. Effect of change of name or amalgamation ... ... ... 444
19. Notification of dissolutioli ........... ... ... ... 445
20. Application of funds ...................... 445
21. Prohibition of payment of fines or penal... ... 446
22. Use of funds for political purposes ... ... ... ... ... 446
23. Officers of trade union to account ..... ... ... 446
24. Audited accounts to be sent to Registrar... ... ... ... 447
25. Rules of registered trade unions ....... ... ... ... ... 447
26. Alteration of rules of trade unions .... ... ... ... ... 447
27. Rules by Governor in Council ........... ... ... ... ... 447
29. Immunity of trade unions from actions of tort ... ... 448
29. Conspiracy in relation to trade disputes ... ... ... ... 448
30. Removal of liability for interfering with another person's
business .......................... ... 449
... property of a registered
31. Penalty for misuse or
trade union . ........................ ... ... ... ... .449
32. Intimidation or annoyance .............. ... ... ... ... 449
33. Peaceful picketing ..................... ... ... ... ... ... 450
34. Unlawful possession of directions from trade unions outside
the Colony ........................... ... ... ... ... 450
35.............................Reference of disputes to arbitration tribunal .... ... ... 451
36. Vacancies on the tribunal .............. ... ... ... ... 451
37. Publication of award ................... ... ... ... 451
38. Interpretation of the award ............ ... ... ... ... ... 452
39. Evidence ... ... ... ... ... ... ... ... ... ... ... ... 452
40. Appearance of counsel or solicitor ... ... ... ... ... ... 452
41. Sittings may be public or private ... ... ... ... ... 452
42. Publication of proceedings ... ... . ... ... ... ... ... 452
43. Rules of procedure ... ... ... ... ... ... ... ... ... ... 453
44. Remuneration of arbitrators ... ... ... ... ... ... ... ... 453
45. Offences and penalties ... ... ... ... ... ... ... ... ... 453
46. Notiflication in Gazette ... ... ... ... ... ... ... ... ... 453
SCHEDULE.
(Matters to be provided for in rules of a trade union).
CHAPTER 64.
TRADE UNIONS AND TRADE DISPUTES.
To regulate trade unions and trade disputes.
[1st April, 1948.]
1. This Ordinance may be cited as the Trade Unions
and Trade Disputes Ordinance.
2. In this Ordinance-
'trade dispute' means any dispute between employers and workmen or
between workmen and workmen, which is connected with the
employment or non-employment or with the terms of employment,
or with the conditions of labour of any person;
'trade union' means any combination whether temporary or
permanent, the principal purposes of which are under its
constitution the regulation of the relations between workmen and
masters, or between workmen and workmen, or between masters
and masters whether such combination would or would not if this
Ordinance had not been enacted have been deemed to have been
an unlawful combination by reason of some one or more of its
purposes being in restraint of trade: Provided that nothing in this
Ordinance-
(a) shall affect-
(i) any agreement between partners as to their own
business;
(ii) any agreement between an employer and those
employed by him as to such employment;
(iii) any agreement in consideration of the sale of the
goodwill of a business or of instruction in any profession,
trade or handicraft; or
(b)shall preclude any trade union from providing benefits for its
members;
'registered' means registered under this Ordinance;
'Registrar' means the Registrar of Trade Union's;
'workmen' means all persons employed in trade or industry, whether
or not in the employment of the employer with whom a trade
dispute arises.
3. The purposes of any trade union shall not, by reason merely
that they are in restraint of trade, be deemed to be unlawful so as to
render any member of such trade union liable to criminal prosecution
for conspiracy or otherwise.
4. The purposes of any trade union shall not, by reason merely
that they are in restraint of trade, be unlawful so as to render voidable
any agreement or trust.
5. (1) No trade union or any member thereof shall perform any act
in furtherance of the purposes for which it has been formed unless
such trade union has first been registered.
(2) Any trade union or any officer or member thereof who
contravenes the provisions of this section shall be guilty of an offence
and liable to a fine of five hundred dollars.
6. The Governor may appoint such person as he may think fit to
be the Registrar of Trade Unions.
7. Any seven or more members of a trade union may, by
subscribing their names to the rules of the union and otherwise
complying with the provisions of this Ordinance with respect to
registration, register such trade union provided that if any one of the
purposes of such trade union be unlawful such registration shall be
void.
(1) Every trade union shall be registered or be dissolved
within six months of the date-
(a) of its formation, or
(b)of any notification by the Registrar that he has refused under
section to register the trade union,
whichever is the later date.
(2) Any trade union which is not registered or dissolved within the
period prescribed in the preceding subsection and every officer thereof
shall be guilty of an offence and liable to a fine of one hundred dollars
for every day it remains unregistered after the expiration of such
period.
9. With respect to the registry under this Ordinance of a
trade union and of the rules thereof, the following provisions
shall apply-
(a)an application to register the trade union and its rules
shall be sent to the Registrar with copies of the rules
and a list of the titles and names of the officers of the
trade union;
(b)the Registrar upon being satisfied that the trade union
has complied with the rules respecting registry in force
under this Ordinance shall subject to the provisions of
section 10 register the trade union and rules;
(c)no trade union shall be registered under a name
identical with that by which any other existing trade
union has been registered or so nearly resembling such
name as to be likely to deceive the members or the
public;
(d)the Registrar upon registering a trade union shall issue
a certificate of registration.
10. (1) If the Registrar is satisfied that-
(a)the applicants have not been duly authorized to apply
for registration ; or
(b)any of the purposes of the trade union is unlawful; or
(c)the application is not in conformity with the provisions
of this Ordinance,
he may refuse registration.
(2) The Registrar may also, in his discretion, refuse to
register any trade union if he is satisfied that any previously
registered trade union adequately represents, for that particular
trade, the objects of the proposed trade union.
(3) When the Registrar refuses to register a trade union he
shall forthwith inform the applicants in writing of the grounds of
his refusal.
(4) An appeal shall lie to the Governor in Council from a
refusal of the Registrar to register a trade union and on such
appeal the Governor in Council may make any such order as it
thinks proper. Any such order of the Governor in Council shall
be final.
(5) Any appeal under subsection (4) shall be presented,
considered and disposed of in such manner and in such form as
may be prescribed.
11. (I) It shall be lawful for the Registrar to cancel the
registration of any trade union
(a)at the request of the trade union, to be evidenced in such
manner as he may direct;
(b)on proof to his satisfaction that a certificate of registration
has been obtained by fraud or mistake, or that such trade
union has wilfully, and after notice from the Registrar,
violated any qf the provision of this Ordinance or has ceased
to exist.
(2) Not less than two months' previous notice specifying briefly
the grounds of the proposed cancellation, except where the trade
union has ceased to exist in which case notice of cancellation may be
given forthwith, shall be given by the Registrar to the trade union
before such cancellation is effected.
(3) An appeal from the decision of the Registrar under this section
shall lie to the Governor in Council subject to the same conditions as
are from time to time prescribed for an appeal against the refusal of the
Registrar to register a trade union. The decision of the Governor in
Council shall be final.
12. A person under the age of twenty-one, but above the age of
sixteen, may be a member of a registered trade union, unless provision
be made in the rules thereof to the contrary, and may, subject to the
rules of the trade union, enjoy all the rights of a member except as
herein provided, and execute all instruments and give all acquittances
necessary to be executed or given under the rules, but shall not be a
member of the executive of a registered trade union.
13. (1) Every officer of a registered trade union shall be a person
actually engaged or employed in ad industry or occupation with which
the trade union is connected.
(2) The Governor in Council may, by special or general order
published in the Gazette, declare-
(a)that the provisions of this section shall not apply to any
registered trade union or class of registered trade unions
specified in the order, or
(b)may grant exemption from the provisions of this section in
respect of such officers or such proportion of the officers of
any registered trade union or class of registered trade
unions as may be specified in the order.
14. (1) Except with the consent of the Governor in
Council no registered trade union shall be affiliated or con-
nected with any trade union or other organization which
is established outside the Colony in stich a manner as to
place, the trade union which is established within the
Colony, or any of its members, in: any way or in any
matter under the control of the trade union or other
organization which is established outside the Colony.
(2) Every trade union so affiliated or connected which has not
obtained the consent of the Governor in Council to be so affiliated or
connected, or from which any such consent has been withdrawn, shall
be deemed to be an unlawful society within the meaning and for all the
purposes of the Societies Ordinance.
15. Any registered trade union may, with the consent of not less
than two-thirds of tile total number of its members and subject to the
provisions of section 16, change its name.
16. (i) Any two or more registered trade unions which are within
the same trade or industry may become amalgamated together as one
trade union with or without dissolution or division of the funds of such
trade unions or either or any of them : Provided that the votes of at
least one-balf of the members of each or every such trade union
entitled to vote are recorded, and that at least sixty per cent of the
votes recorded are in favour of the proposal : Provided further that the
consent of the Governor in Council must first be obtained to any
amalgamation in which One or more of the trade unions proposing to
amalgamate is affiliated or connected with a trade union or other
organization under subsection (i) of section 14.
(2) Without prejudice to the generality of the expression 'trade or
industry' trade unions shall be deemed to be within the same trade or
industry if the wages or conditions of employment of their members are
capable of determination in accordance with the conclusions of the
same joint industrial council, trade board, conciliation board, or other
similar body, or in accordance with agreements made with the same
group of employers or employees.
17. (1) Notice in writing shall be given to the Registrar of every
change of name and of every amalgamation, signed, in the case of a
change of name, by the secretary and by seven members of the
registered trade union changing its name, and, in the case of an
amalgamation, by the secretary and by seven members of each and
every registered trade union which is a party thereto.
(2) If the proposed name is identical with that by which any other
existing trade union has been registered or in the opinion of the
Registrar, so nearly resembles such name as to be likely to deceive the
public or the members of either trade union, the Registrar shall refuse
to register the change of name.
(3) Save as is pcovided in subsection (2), the Registrar shall, if he
is satisfied that the provisions of this Ordinance in respect of change
of name have been complied with, register the change of narne, and the
change of name shall have effect front the date of such registration.
(4) If the Registrar is satisfied that the provisions of this
Ordinance in respect of amalgamation have been complied with and
that the trade union formed thereby is entitled to registration under
section 9, he shall register the trade union accordingly, and the
amalgamation shall have effect from the date of such registration,
(5) Any person aggrieved by the refusal of the Registrar to
register either a change of the name of a registered trade union or the
trade union formed by the amalgamation of any two or more registered
trade unions may appeal against such refusal in manner provided by
section
18. (1) A change in the name of a registered trade union shall not
affect any rights or obligations of that trade
union or render defective any legal proceeding by or against the trade
union, and any legal proceeding which might have been continued or
commenced by or against it under its former name may be continued or
commenced by or against it under its new name.
(2) An amalgamation of two or more registered trade unions shall
not prejudice any right of either or any such trade unions or any right
of a creditor of either or any of them.
19. When a registered trade union is dissolved, notice of the
dissolution signed by seven members and by the secretary of the trade
union shall, within fourteen days of the dissolution, be sent to the
Registrar and shall be registered by him if he is satisfied that the
dissolution has been effected in accordance with the rules of the trade
union, and the dissolution shall have effect from the date of such
registration.
20. The funds of a registered trade union may, subject to the rules
thereof and to the provisions of this Ordinance, be expended only for
the following objects-
(a)the payment of salaries, allowances and expenses to officers
of the trade union;
(b)the payment of expenses for the administration of the trade
union, including audit of the accounts of the funds of the
trade union;
(c) the prosecution or defence of any legal proceeding
to which the trade union or any member thereof
is a party, when such prosecution or defence is
undertaken for the purpose of securing or protect-
ing any rights of the trade union as such or any
rights arising out of the relations of any member with his
employer or with a person whom the member employs;
(d)the conduct of trade disputes on behalf of the trade union or
any member thereof;
(e)compensation of members for loss arising out of trade
disputes;
(f)allowances to members or their dependants on account of
death, old age, sickness, accidents or unemployment of such
members; and
(g)any other object which by notification in the Gazette the
Governor may declare to be an object for which such funds
may be expended.
21. The funds of a registered trade union shall not be applied
either directly or indirectly in payment of the whole or part of any fine
or penalty imposed upon any person by sentence or order of a court.
22. The funds of a registered trade union shall not be applied
either directly or indirectly in payment of contributions to any
political party or for any political purpose whether within or without the
Colony.
23. (1) Every treasurer or other officer of a registered trade union
at such times as by the rules thereof he should render such account as
hereinafter mentioned, or having been required so to do, shall render to
the members thereof, at a meeting of the trade union, a just and true
account of all voluntary subscriptions or collections or any levies
made on the members and moneys received and paid by him since he
last rendered the like account, and of the balance, then remaining in his
hands, and of all bonds and securities of such trade union.
(2) Such account shall be audited by some lit and proper person or
persons to be appointed by the members of the trade union at a
general meeting and approved by the Registrar.
(3) Upon the account being audited the treasurer or other, officer
as the case may be shall, if thereupon required, hand over to the trade
union the balance which on such audit appeared to be due from him,
and shall also if required hand over to the trade union all securities and
effects, books, papers and property of the trade union in his hands or
custody.
(4) If the treasurer or other officer fails to hand over stich things
and documents as in subsection (3) required, the committee of
management of the trade union or any member for and on behalf of the
trade union may sue him in any competent court for the balance
appearing to have been due from him upon the account last rendered
by him, and for all moneys since received by him on account of such
trade union and for the securities and effects books, papers and
property in his hands or custody, leaving him to set oft in such action
the sums, if any, which he may have since paid on account of such
trade union, and in any such action the plaintiff shall be entitled to
recover full costs of suit to be taxed as between solicitor and client.
24. (1) Every registered trade union shall transmit to the Registrar
the account prepared and audited in accordance with the last
preceding section within one month of its submission to the members
of the trade union.
(2) Any officer of a registered trade union which fails to comply
with the provisions of this section shall be guilty of an offence and
liable to a fine of five hundred dollars.
25. With respect to the rules of a registered trade union, the
following provisions shall have effect.
(a)the rules of every such trade union shall contain provisions
in respect of the several matters mentioned in the Schedule;
(b)a copy of the rules shall be delivered by the trade union to
every person on demand on payment of a sum not exceeding
one dollar.
26. (1) Every alteration of the rules of a registered trade union shall
be registered with the Registrar and shall take effect frorn the date of
registration unless some later date is specified in the rules.
(2) The rules of a registered trade union shall not be altered so that
they cease to contain provisions in respect of the several matters in
the Schedule.
27. The Governor in Council may make rules respecting
registration under this Ordinance And in particular but without
prejudice to the generality of the foregoing power with respect to
(a)the seal, if any, to be used by the Registrar for the purpose of
registration;
(b) forms;
(c)inspection of registers and documents kept by the Registrar
and the making of copies of any entries therein;
(d)fees to be charged for registration and inspection and any
other service or matter prescribed or permitted by this
Ordinance; and
(e) generally for carrying this Ordinance into effect.
28. (1) An action against a trade union, whether of workmen or
masters or against any members or officials thereof on behalf of
themselves and all other members of the trade union in respect of any
tortious act alleged to have been committed by or on behalf of the trade
union shall not be entertained by any court.
(2) Nothing in this section shall affect the liability of a trade union or
any official thereof to be sued in any court touching or concerning the
property or rights of a trade union, except in respect of any tortious act
committed by or on behalf of the union in contemplation or in
furtherance of a trade dispute.
29. (1) An agreement or combination of two or more persons to do
or procure to be done any act in contemplation or furtherance of a
trade dispute shall not be triable as a conspiracy if such act committed
by one person would not be punishable as a crime.
(2) An act done in pursuance of an agreement or combination by
two or more persons shall, if done in contemplation or furtherance of a
trade dispute, not be actionable unless the act, if done without any
such agreement or combination, would be actionable.
(3) Nothing in this section shall exempt from punishment any
person guilty of a conspiracy for which a punishment is awarded by
any law in force in the Colony.
(4) Nothing in this section shall affect the law relating to not,
unlawful assembly, breach of the peace or sedition or any offence
against the state or the Sovereign.
(5) A crime for the purposes of this section means an offence for
the commission of which the offender is liable to be imprisoned either
absolutely or at the discretion of the court as an alternative for some
other punishment.
(6) Where a person is convicted of any such agreement or
combination as aforesaid to do or procure to be done an
act which is punishable on summary conviction, and is sentenced to
imprisonment, the imprisonment shall not exceed three months, or such
longer term, if any, as may have been prescribed by the law for the
punishment of the said act when committed by one person.
30. An act done by a person in contemplation or furtherance of a
trade dispute shall not be actionable on the ground only that it 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 his labour as he wills.
31. (1) Where, on complaint made by a member of a registered trade
union, it is shown to the satisfaction of a magistrate that any officer or
member of that union had in his possession or control any propert), of
the union except in accordance with the rules of the union, or has
unlawfully expended or withheld any money of the union, the
magistrate shall, if he considers the justice of the case so requires,
order such officer or member to deliver all such property to the
committee of management of the union and to pay to them the money
so unlawfully expended or withheld.
(2) A complaint made under subsection (i) shall not be entertained
unless the magistrate is satisfied that the complainant is, on the date of
that complaint, a member of the, registered trade union in respect of the
property of which such complaint is so made.
(3) Any person bound by an order made under subsection (i) who
fails to comply with the terms thereof and the directions given therein
within a time to be specified in such order shall be liable to a fine of five
hundred dollars.
(4) An order under subsection (i) shall not affect or prevent a
prosecution of, or civil proceedings against, any such officer or
member.
32. Any person who with a view to compel any other person to
abstain from doing or to do any act which such other person has a
legal right to do or abstain from doing, wrongfully and without legal
authority
(a)uses violence to or intimidates such other person or his wife
or children or injures his property; or
(b)persistently follows such other person about from place to
place; or
(e)hides any tools, clothes or other property owned or used by
such other person, or deprives him of ot hinders him in the
use thereof ; or
(d)watches or besets the house or other place where such
other person resides or works or carries on business or
happens to be or the approach to such house or place; or
(e)follows such other person with two or more other persons in
a disorderly manner in or through any street or road,
shall be guilty of an offence and liable to a fine of one thousand dollars
or to imprisonment with or without hard labour for six months.
33. Notwithstanding anything contained in this Ordinance, it shall
be lawful for one or more persons acting on their own behalf or on
behalf of a trade union or of an individual employer or firm in
contemplation or furtherance of a trade dispute to attend at or near a
house or place where a person resides or works or carries on business
or happens to be, if they so attend merely for the purpose of peacefully
obtaining or communicating information, or of peadefully persuading
any person to work or abstain from working.
34. (1) No person shall without lawful authority or excuse have in
his possession any docurnent which purports or appears to be a
direction or notice on behalf of or in the name of any trade union which
is established outside the Colony with regard to any action by any
person or persons within the Colony.
(2) The provisions of this section shall not apply to any direction
or notice issued or given on behalf of or in the name of any trade
union which is established within the Colony if the trade union which
is established within the Colony is with the consent of the Governor in
Council affiliated or connected with the trade union which is
established outside the Colony.
35. (1) The Governor may, where a trade dispute exists, or is
apprehended, refer the matter with the consent of both parties to an
arbitration tribunal to be appointed by the Governor.
(2) The tribunal shall be constituted of either-
(a)a sole arbitrator to be agreed upon by both parties to the
dispute ; or
(b)an arbitrator to be agreed upon by both parties to the
dispute assisted by one or more assessors nominated by or
on behalf of the employers concerned and an equal number
of assessors nominated by or on behalf of the workmen
concerned: Provided that the award shall be made and issued
by the arbitrator only.
(3) If there are existing in Any trade or industry arrangements for
settlement by conciliation or arbitration of disputes in such trade or
industry, or any branch thereof, made in pursuance of an agreement
between organizations of employers and organizations of workmen
representative respectively of substantial proportions of the employers
and workmen engaged in that trade or industry, the Governor shall not,
unless and until there has been a failure to obtain a settlement by
means of those arrangements, refer the matter for settlement in
accordance with the foregoing provisions of this section. Order XXV of
the Code of Civil Procedure (which provides for reference to
arbitration) shall not apply to any proceedings of an arbitration tribunal
under this Ordinance or to any award issued by it.
36. (1) Whenever the tribunal consists of an arbitrator assisted by
assessors and any vacancy occurs in the number of assessors the
tribunal may in the discretion of the arbitrator either act
notwithstanding such vacancy or consent to another assessor being
nominated and appointed to fill such vacancy.
(2) No act, proceeding or determination of the tribunal shall be
called in question or invalidated by reason of any such vacancy.
37. Any award of an arbitration tribunal shall be submitted to
the Governor who shall as soon as possible
thereafter cause the same to be published in such manner as he thinks
fit.
38. If any question arises as to the interpretation of any award of
an arbitration tribunal, the Governor or any party to the award may
apply to the tribunal for a decision on such question, and the tribunal
shall decide the matter after hearing the parties or without such bearing
provided the consent of the parties has been first obtained. The
decision of the tribunal shall be notified to the parties and shall be
deemed to form part of and shall have the same effect in all respects as
the original award.
39. For the purpose of dealing with any matter referred to it an
arbitration tribunal shall have full power by order enforceable in like
manner as an order of the Supreme Court to require any person to
furnish, in writing or otherwise, such particulars in relation to such
matters as the tribunal may require, and where necessary to attend
before the tribunal and give evidence on oath or otherwise, and to
require the production of documents, so as to elicit all such information
as in the circumstances may be considered necessary, without being
bound by the rules of evidence in civil or criminal proceedings:
Provided always that, if any witness objects to answer any question on
the ground that it will tend to incriminate him or any other lawful
ground, he shall not be required to answer the question nor be liable to
any penalties for refusing to answer.
40. It shall be in the discretion of an arbitration tribunal to permit
any interested person to appear by counsel or solicitor on any
proceedings under this Ordinance before such tribunal.
41. It shall be in the discretion of an arbitration tribunal to admit
or exclude the public or the press from any of its sittings.
42. Whenever the press shall have been allowed to be present at a
sitting of the tribunal and not otherwise, a fair and accurate report or
summary of the proceedings including the evidence adduced at that
sitting may be published.: Provided however that until the award has
been published
by order of the Governor, no comment shall be published in respect of
the proceedings or the evidence. Any person guilty of a contravention
of this provision shall be liable to a fine of one thousand five hundred
dollars.
43. The Governor in Council may make rules regulating the
procedure to be followed llowed by an arbitration tribunal and
whenever any question shall arise in the course of an arbitration in
respect of which rules have not been made the tribunal shall regulate
its own procedure.
44. It shall be lawful for the Governor to pay to any arbitrator or
assessor appointed under this Ordinance such remuneration out of the
public funds as the Governor shall think fit.
45. (1) Any person who, and every trade union which,
contravenes any provision of this Ordinance shall be guilty of an
offence and shall be liable to a fine of five hundred dollars unless
sonic other punishment is provided for such offence by this
Ordinance.
(2) Regulations made under this Ordinance may provide that any
person who, or any trade union which, contravenes any such
regulation shall be guilty of an offence and may prescribe penalties
therefor : Provided that no penalty so prescribed shall exceed a fine of
five hundred dollars.
(3) Upon conviction of an unregistered trade union under
subsection (1) Or (2), every person proved to have been a member of the
executive of that trade union at any time after the commencement of
this Ordinance shall be deemed severally to be guilty of the offence for
which the trade union was so convicted and the magistrate shall, after
necessary inquiry, declare in his finding and order the name of each
person so deemed to be guilty and shall pass sentence upon him
according to law.
46. The fact that any trade union has been registered, the fact
that the certificate of registration of any registered trade union has
been withdrawn or cancelled, the fact that any change of name or
amalgamation affecting any registered
trade union has been registered, and the fact that any registered trade
union has been dissolved shall be notified by the Registrar in the
Gazette.
SCHEDULE. [s. 25.]
1. The name of the trade union and the address of its registered office.
2. The whole of the objects for which the trade union is to be established,
the purposes for which the funds thereof shall be applicable, and the
conditions under which any member may become entitled to any benefit
assured thereby and the fines and forfeitures to be imposed on any member of
the trade union.
3. The manner of making, altering, amending and rescinding rules.
4. A provision for the appointment and removal of a general committee of
management, of a treasurer and other officers.
5. A provision for the keeping of full and accurate accounts by the
treasurer.
6. A provision for the investment of the funds or their deposit in a bank
and for an annual or periodical audit of accounts.
7. The inspection of the books and names of members of the trade union
by every person having an interest in the funds of the trade union.
8. The manner of dissolving the trade union.
8 of 1948. Short title. Interpretation. Trade unions not criminal. Trade unions not unlawful. Trade union prohibited from carrying on business unless registered. Registrar of Trade Unions. Registration of trade unions. Compulsory registration. Rules for registry. Refusal of registration. [s. 10 cont.] Cancellation of registration. Membership, as concerns minors. Officers of trade union. Affiliation outside the Colony. (Cap. 151.) Change of name. Amalgamation. [s. 16 cont.] Notice of change of name or of amalgamation. Effect of change of name or amalgamation. Notification of. Dissolution. Application of funds. [s. 20 cont.] Prohibition of payment of fines or penalties. Use of funds for political purposes. Officers of trade union to account. Audited accounts to be sent to Registrar. Rules of registered trade unions. Schedule. Alteration of rules of trade unions. Rules by Governor in Council. [s. 27 cont.] Immunity of trade unions from actions of tort. Conspiracy in relation to trade disputes. Removal of liability for interfering with another person's business. Penalty for misuse of money or property of a registered trade union. Intimidation or annoyance. [s. 32 cont.] Peaceful picketing. Unlawful possession of directions from trade unions outside the Colony. Reference of disputes to arbitration tribunal. (Cap. 4, Rules.) Vacancies on the tribunal. Publication of award. [s. 37 cont.] Interpretation of the award. Evidence. Appearance of counsel or solicitor. Sittings may be public or private. Publication of proceedings. Rules of procedure. Remuneration of arbitrators. Offences and penalties. Notification in Gazette. [s. 46 cont.]
Abstract
8 of 1948. Short title. Interpretation. Trade unions not criminal. Trade unions not unlawful. Trade union prohibited from carrying on business unless registered. Registrar of Trade Unions. Registration of trade unions. Compulsory registration. Rules for registry. Refusal of registration. [s. 10 cont.] Cancellation of registration. Membership, as concerns minors. Officers of trade union. Affiliation outside the Colony. (Cap. 151.) Change of name. Amalgamation. [s. 16 cont.] Notice of change of name or of amalgamation. Effect of change of name or amalgamation. Notification of. Dissolution. Application of funds. [s. 20 cont.] Prohibition of payment of fines or penalties. Use of funds for political purposes. Officers of trade union to account. Audited accounts to be sent to Registrar. Rules of registered trade unions. Schedule. Alteration of rules of trade unions. Rules by Governor in Council. [s. 27 cont.] Immunity of trade unions from actions of tort. Conspiracy in relation to trade disputes. Removal of liability for interfering with another person's business. Penalty for misuse of money or property of a registered trade union. Intimidation or annoyance. [s. 32 cont.] Peaceful picketing. Unlawful possession of directions from trade unions outside the Colony. Reference of disputes to arbitration tribunal. (Cap. 4, Rules.) Vacancies on the tribunal. Publication of award. [s. 37 cont.] Interpretation of the award. Evidence. Appearance of counsel or solicitor. Sittings may be public or private. Publication of proceedings. Rules of procedure. Remuneration of arbitrators. Offences and penalties. Notification in Gazette. [s. 46 cont.]
Identifier
https://oelawhk.lib.hku.hk/items/show/1756
Edition
1950
Volume
v2
Subsequent Cap No.
64
Number of Pages
17
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TRADE UNION AND TRADE DISPUTES ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 24, 2025, https://oelawhk.lib.hku.hk/items/show/1756.