TRADE UNIONS ORDINANCE
Title
TRADE UNIONS ORDINANCE
Description
LAWS OF HONG KONG
TRADE UNIONS ORDINANCE
CHAPTER 332
CHAPTER 332
TRADE UNIONS ORDINANCE
ARRANGEMENT OF SECTIONS
Section...................................... Page
PART I
PRELIMINARY
1. Short title ............................5
2. Interpretation .........................5
PART II
APPOINTMENTS
3. Appointment of Registrar, etc . ........7
PART III
REGISTRATION
4. Register of trade unions ...............7
5. Trade unions to be registered, etc . ...8
6. Registration ...........................8
7. Refusal of registration ................9
8. Appeals against refusal of Registrar to register trade union 9
9. Effect of application to register .....10
10. Cancellation of registration ..........10
11. Notice of cancellation ................11
12. Appeals in relation to cancellation by Registrar of registration of trade union 11
13. Effect of registration ................12
14. Effect of cancellation of registration 12
15. Power of liquidator and Registrar in winding up of affairs of a trade union 13
16. Closure of liquidation on appointment of liquidator by Registrar 14
PART IV
CONSTITUTION
17. Officers and members of trade unions ..15
17A.Powers of Registrar in respect of union elections and membership 16
18. Rules ...... ......................................................... 17
19. Copies of rules .......................19
20. Registered.........................office ..................................................................................
.............19
19
Section.................................... Page
20A. Seal ................................19
21. Branches and various undertakings of trade unions to be reported to the
Registrar ...........................20
22. Notification of officers, etc . .....20
23. Change of name ......................21
24. Consent of Registrar required to amalgamation of trade unions 22
25. Application for consent to amalgamation 22
26. Vote on application for consent to amalgamation 22
27. Grounds for refusal to consent to amalgamation and procedure in such cases 22
28. Application for consent to be referred to Governor in certain cases 23
29.Notice in writing to be given of consent to amalgamation, and saving of
powers of Registrar in relation to registration of trade union formed by
amalgamation ........................23
30. Procedure for amalgamation, etc . ...24
31. Transfer of liabilities, etc. to trade union formed by amalgamation 24
32. Notification of dissolution .........24
PART V
FUNDS, ACCOUNTS AND RETURNS
33. Application of funds ................25
33A................................Electoral fund 26
33B........................Electoral expenses resolution 26
34. Use of funds for political purposes .27
35. Treasurer to render accounts to members 27
36. Annual statement of account and returns to be rendered to Registrar 28
37. Inspection of accounts ..............28
38. Power to require detailed accounts
....................................................... 29
PART VI
RIGHTS AND LIABILITIES OF TRADE UNIONS
39. Disabilities of unregistered union ..29
40. Registered trade union not criminal .29
41. Registered trade union not unlawful for civil purposes 29
42. Immunity from civil suit in certain cases
....................................................... 29
43. Prohibition of actions in tort against registered trade unions 30
44. Trade union contracts ...............30
45. Affiliation outside Hong Kong .......31
Section.................................... Page
PART VII
PICKETING, INTIMIDATION AND CONSPIRACY
46. Peaceful picketing ...................31
47. Intimidation and annoyance ...........31
48. Conspiracy in relation to trade disputes 32
PART VIII
MISCELLANEOUS OFFENCES RELATING TO REGISTERED TRADE UNIONS
49....Punishment for withholding money or property of a registered trade union 32
50....................Circulating false copies of rules, etc . 33
51...................................(Repealed) 34
52.............................Contravention of rules 34
PART IX
TRADE UNION FEDERATIONS
53.....................Application to trade union federations 34
54....Provisions as to application for registration of trade union federation 34
55. Trade union federation not to be registered unless component trade unions
registered ...........................35
56...............Additions to membership of trade union federations 35
57......................Officers of trade union federations 36
PART X
FORMS AND REGULATIONS
58.....................Forms and offences in relation thereto 36
59..................................Regulations 37
PART XI
MISCELLANEOUS
60..............................Delegation of powers 38
61......Liability of officers thereof where offence committed by trade union 38
62..................Limit of time for complaints or information 38
63............Service of legal process and notices issued by Registrar 38
Section.................................... Page
64. Procedure, etc. upon appeal under Ordinance to High Court and Count of
Appeal ..............................39
65. Ordinance not to affect certain agreements 39
66. Notification in the Gazette .........39
67. Provisions of certain Ordinances not to apply to trade unions or trade union
federations ........................40
68. Result of registration
........................................................... 40
Schedule 1 . .............................40
Schedule 2. Matters for which provision must be made in the rules of every registered
trade....union
................................................................................ 41
CHAPTER 332
TRADE UNIONS
To make provision for the registration and better control of trade unions, and
matters ancillary thereto.
[1 April 1962] G.N.A. 14 of 1962
Originally 52 of 1961 - L.N. 176 of 1970,15 of 1971, R. Ed. 1971, 72 of 1973,18 of 1977, L.N. 20 of 1979, 47 of 1988
PART I
PRELIMINARY
1. Short title
This Ordinance may be cited as the Unions Ordinance.
(Amended 15 of 1971 s. 2)
2. Interpretation
In this Ordinance, unless the context otherwise requires-
'branch' means any number of members of a trade union who have in accordance
with the constitution of the trade union appointed their own management
committee but who are under the control of the executive committee of such
trade union and are bound by the constitution of the trade union to contribute
to its funds; (Added 15 of 1971 s. 3)
'electoral fund' means a fund established under section 33A; (Added 47 of 1988 s. 2)
'employee' means any person who has entered into or works under, or, in the case
of a contract which has been terminated, worked under, a contract with an
employer, whether the contract is by way of manual labour, clerical work or
otherwise, is express or implied, oral or in writing, and whether it is a contract
of service or apprenticeship or a contract personally to execute any work or
labour; (Replaced 15 of 1971 s. 3)
'executive' means the body to which the management of the affairs of a trade union
or a branch of a trade union or a trade union federation, as the case may be, is
entrusted by the members and also means any person for the time being
carrying out the functions of a president, chairman, vicechairman, secretary or
treasurer thereof,
'funds', in relation to a trade union or a branch of a trade union, or a trade union
federation, includes money, whether in an electoral or welfare fund or not, and
all other property or assets, whether real or personal, held, collected received
or controlled by or on behalf of the trade union or the branch of the trade
union or the trade union federation, as the case may be; (Amended 47 of 1988 s.
2)
'injury', for the purposes of Part VII, includes injury to a person in respect of his
business, occupation, employment or other source of income, and includes any
actionable wrong;
'intimidation', for the purposes of Part VII, means to cause in the mind of a person
a reasonable apprehension of injury to himself or to any member of his family
or to any of his dependants or of violence or damage to any person or
property;
'lock-out' means the closing of a place of employment, or the suspension of work,
or the refusal by an employer to continue to employ any number of persons
employed by him in consequence of a dispute, done with a view to compelling
those persons, or to aiding another employer in compelling persons employed
by him, to accept terms or conditions of or affecting employment;
'officer', in relation to a trade union or a branch of a trade union or a trade union
federation, includes any member of the executive thereof, but does not include
an auditor;
'paid staff ' in relation to a trade union or a branch of a trade union or a trade union
federation, means a clerk or other person appointed by, and acting under the
instructions of, the executive thereof and paid from the funds of the trade
union or the branch of the trade union or the trade union federation, as the
case may be; (Added 18 of 1977 s. 2)
'register' means the register of trade unions to be maintained by the Registrar in
accordance with section 4;
'registered' means registered under this Ordinance;
'registered office', in relation to a trade union or a branch of a trade union or a
trade union federation, means the office, if any, which is registered under this
Ordinance as the head office thereof,
'Registrar' means the Registrar of Trade Unions appointed under section 3;
'strike' means the cessation of work by a body of persons employed acting in
combination, or a concerted refusal, or a refusal under a common
understanding, of any number of persons employed, to continue to work for an
employer in consequence of a dispute, done as a means of compelling their
employer or the employer of any other person or body of persons, or any
person or body of persons employed, to accept or not to accept terms or
conditions of or affecting employment;
'strike benefit' means any financial or other benefit given by a trade union to any
member of the trade union in consideration of a strike or lock-out;
'trade dispute' means any dispute or difference between employers and employees,
or between employees and employees, connected with the employment or non-
employment, or the terms of employment, or with the conditions of or affecting
employment, of any person; (Amended 15 of 1971 s. 3)
'trade union' means any combination the principal objects of which are under its
constitution the regulating of relations between employees and employers, or
between employees and employees, or between employers and employers,
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; (Amended 15 of
1971 s. 3)
'trade union federation' means a trade union which is wholly an association or
combination of other registered trade unions;
,,voting member' means any member of a registered trade union entitled to vote for
any purposes under the rules of the trade union;
'welfare fund' means trade union funds allocated or set apart for payment to
members or the families of members of the trade union of any assurance or
benefit, other than strike benefit, or for the provision for such members or such
families of educational, recreational or medical facilities.
PART II
APPOINTMENTS
3. Appointment of Registrar, etc.
The Governor shall appoint such person as he may think fit to be Registrar
of Trade Unions and may appoint a deputy registrar, assistant registrars and such
other officers as may from time to time appear to him necessary for carrying out the
purposes of this Ordinance.
PART III
REGISTRATION
4. Register of trade unions
(1) The Registrar shall keep a register in which shall be recorded such
particulars relating to trade unions and trade union federations as may be
prescribed by regulations. (2) A copy of an entry in the register certified under the
hand of the
Registrar shall, until the contrary is shown, be received in evidence as proof of the
facts specified therein as at the date of such certified copy.
5. Trade unions to be registered, etc.
(1) Every trade union shall be registered under this Ordinance.
(2) An application for the registration of a trade union shall be made to the.
Registrar in the prescribed form within 30 days of the establishment thereof.
(3) Every such application shall be signed by not less than 7 voting members
of the trade union, any of whom may be officers thereof. (Amended 15 of 1971 s. 4)
(4) Upon receipt of any such application in the prescribed form, the Registrar
shall issue to the trade union a certificate in the prescribed form acknowledging
receipt of such application, and every such certificate or a copy thereof certified
under the hand of the Registrar shall, until the contrary is proved, be received in
evidence as proof of the facts specified therein.
(5) Any person who is an officer, or who acts as an officer, or who takes any
part in the management or administration, of a trade union that is not registered
under this Ordinance shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1,000 and to imprisonment for 6 months:
Provided that this subsection shall not apply to any person who is an officer,
or who acts as an officer, or who takes any part in the management or
administration, of any such trade union so long as
(a)an application for the registration of the trade union has been made
in accordance with this section and the Registrar has not refused to
register such trade union; and
(b)the only acts performed by such person, and the only acts performed
by or on behalf of the trade union, are acts for the purposes of, or in
connection with, its establishment and its registration under this
Ordinance.
6. Registration
(1) Whenever he has registered a trade union, the Registrar shall issue to the
trade union a certificate of registration in the prescribed form, and such certificate,
or a copy thereof certified under his hand shall, unless proved to have been
cancelled, be conclusive evidence for all purposes that such trade union has been
duly registered under this Ordinance. (Amended 15 of 1971 s. 5)
Provided that if any of the purposes of such trade union be unlawful such
registration shall be void.
(2) The Registrar may, before registering a trade union, direct that the
applicants shall produce any documents or provide any such particulars concerning
such trade union as he may require in order to satisfy himself that such trade union
is entitled to registration under this Ordinance.
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
(e)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)
9. Effect of application to register
(1) The provisions of this Ordinance, other than the provisions of section 45,
shall apply to a trade union in respect of which application for registration has been
made in accordance with section 5 in like manner as if the trade union had been duly
registered:
Provided that, upon service by the Registrar upon any of the applicants for
registration of a notice of refusal to register, the provisions of this Ordinance shall
cease so to apply to the trade union.
(2) A trade union in respect of which application for registration has been made
in accordance with section 5 shall, for the purposes of the Societies Ordinance (Cap.
151), be deemed to have been duly registered under this Ordinance:
Provided that, upon service by the Registrar upon any of the applicants for
registration of a notice of refusal to register, the trade union shall cease to be
deemed to have been so registered.
10. Cancellation of registration
(1) The registration of a trade union shall not be cancelled otherwise than by
order of the Registrar and in the following cases
(a) at the request of the trade union, to be verified in such manner as
the Registrar may require; or
(b) where
(i)the certificate of registration of the trade union has been
obtained by fraud or mistake; or
(ii)the registration of the trade union has become void under the
proviso to section 6(1); or
(iii) the trade union is being used, or has at any time since
registration been used, for any unlawful purpose or for any
purpose inconsistent with its objects or rules; or
(iv) the trade union has wilfully and after notice in writing from the
Registrar contravened this Ordinance, or has allowed any rule
which is inconsistent with this Ordinance to continue in force,
or has rescinded any rule providing for any matter for which
provision is required by section 18; or
(v)the funds of the trade union have been expended in an unlawful
manner or for an unlawful purpose or for any purpose not
authorized by the rules of the trade union; or
(vi)any funds of the trade union that have been utilized for any
purpose connected with the trade union, or any members
thereof, have wilfully and after notice in writing from the
Registrar requiring the same to be entered in the accounts of
such trade union been omitted from the accounts thereof, or
(vii) the trade union has ceased to exist.
(2) Where an appeal has been duly brought under section 12(1), the Registrar
shall not cancel the registration of the trade union before the appeal has been
determined.
11. Notice of cancellation
Before cancelling the registration of a registered trade union, the Registrar
shall give to the trade union not less than 2 months' previous notice in writing
specifying the ground upon which he intends to cancel its registration:
Provided that no such notice shall be required-
(a) where the trade union has ceased to exist; or
(b) where cancellation is at the request of the trade union.
12.Appeals in relation to cancellation by Registrar
of registration of trade union
(1) Any voting member of a trade union that has received from the Registrar
notice in writing of his intention to cancel its registration who considers that the
Registrar is not entitled to cancel its registration on the ground specified in the
notice in that, as the case may be
(a)the certificate of registration of the trade union was not obtained by
fraud or mistake;
(b)the registration of the trade union has not become void under the
proviso to section 6(1);
(c)the trade union was not being used, nor has at any time since its
registration been used, for any unlawful purpose or for any purpose
inconsistent with its objects or rules;
(d)the trade union has not wilfully and after notice in writing from the
Registrar contravened this Ordinance nor allowed any rule which is
inconsistent with this Ordinance to continue in force nor rescinded
any rule providing for any matter for which provision is required by
section 18;
(e)the funds of the trade union have not been expended in any way
specified in section 10(1)(b)(v);
(f)any such funds as are specified in section 10(1)(b)(vi) have not
wilfully and after notice in writing from the Registrar requiring the
same to be entered in the accounts of the trade union been omitted
from such accounts,
may, within 28 days after the service of such notice upon the trade union, appeal to
the High Court, which may, if it finds that the Registrar is not entitled as aforesaid to
cancel the registration of the trade union, so declare, but, save as hereinbefore
provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 8)
(2) Any voting member of a trade union the registration of which has been
cancelled who considers that the cancellation of its registration was wrong in that,
as the case may be
(a)notice was not given by the Registrar in accordance with section 11;
(b) the trade union had not requested cancellation of its registration;
(c) the trade union had not ceased to exist, may, within 14 days after the
cancellation of its registration, appeal to the High Court, which may, if it finds that
the cancellation of the registration of the trade union was wrong as aforesaid, so
declare and thereupon the Registrar shall restore the registration of the trade union,
but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of
1971 s. 8)
13. Effect of registration
The registration of a trade union shall render it a body corporate by the name
under which it is registered, and, subject to the provisions of this Ordinance, with
perpetual succession and with power to hold property movable or immovable and to
enter into contracts, to institute and defend suits and other legal proceedings and to
do all things necessary for the purposes of its constitution.
14. Effect of cancellation of registration
(1) Save where, under subsection (2), the cancellation of the registration of a
trade union does not take effect immediately in which case this subsection shall
apply when the cancellation takes effect for the purposes thereof, a trade union
whose registration has been cancelled under this Ordinance shall in addition to any
other disability
(a)cease to exist as a corporate body, and the Registrar may,
notwithstanding anything contained in the rules of such trade union,
forthwith appoint one or more persons to be liquidators thereof,
(b)cease to enjoy any of the rights, immunities or privileges of a
registered trade union, but without prejudice to any liability incurred
by the trade union, which may be enforced against the trade union or
its assets, whether such liability is incurred before, on or after the
date of the cancellation of registration;
(c)forthwith be dissolved and no person shall, except for the purpose of
defending proceedings against the trade union or of dissolving it
and disposing of its funds in accordance with the rules thereof and
the provisions of this Ordinance, take any part in its management or
organization or act or purport to act on behalf of the trade union or
as an officer thereof.
(2) Where the registration of a trade union is cancelled on the ground that it
had requested cancellation of the registration or had ceased to exist, the
cancellation shall not take effect for the purposes of subsection (1) or for the
purposes of the Societies Ordinance (Cap. 151) prior to the expiry of the period
limited by section 12(2) for the bringing of an appeal and then
(a)if no appeal is brought under section 12(2) within that period, the
cancellation shall take effect for those purposes at the
commencement of the day following the day on which that period
expired; and
(b)if an appeal is so brought within that period, the cancellation shall
not take effect for the purposes of subsection (1) or for the purposes
of the Societies Ordinance (Cap. 151) prior to the determination of the
appeal, but, if the appeal is dismissed, shall take effect for those
purposes on the determination thereof.
15.Power of liquidator and Registrar in winding
up of affairs of a trade union
(1) Where a liquidator is appointed under section 14, all of the property of
whatsoever description (including books and documents) belonging to the trade
union, or held by trustees on its behalf, shall vest in the liquidator by his official
name with effect from the date of his appointment, and the liquidator, after giving
such indemnity, if any, as the Registrar may direct, may
(a)bring or defend in his official name any action or other legal
proceeding that relates to the property of the trade union or is
necessary to bring or defend for the purpose of effectually winding
up the trade union and recovering its property;
(b)take possession of any books, documents or property of whatsoever
description belonging to the trade union;
(c)sell the real and personal property and choses in action of the trade
union by public auction or private contract, with power to transfer
the whole thereof to any person or company or to sell the same in
parcels;
(d) appoint a solicitor or agent to assist him in his duties;
(e)pay any creditors or classes of creditors of the trade union in full or
in part;
(f) compromise any debts or liabilities of the trade union and any
liabilities capable of resulting in debts and any claims, present or
future, certain or contingent, ascertained or sounding only in
damages, that subsist, or are supposed to subsist, between the trade
union and any member thereof or any other debtor or person
apprehending liability to the trade union and any questions in any
way relating to or affecting the assets or winding up of the affairs of
the trade union on such terms as may be
agreed, and take any security for the discharge of any such debt,
liability or claim and give complete discharge in respect thereof,
(g)make any compromise with creditors of the trade union or persons
claiming to be creditors or having or alleging themselves to have any
claim, present or future, certain or contingent, ascertained or
sounding only in damages, against the trade union or whereby the
trade union may be rendered liable; and
(h)prepare a scheme of distribution of the assets of the trade union
available for distribution and, subject to the approval of the same by
the Registrar, distribute the assets accordingly.
(2) The exercise by the liquidator of any of the powers conferred by this
section shall be subject to the control of the Registrar, and any creditor or member
of the trade union may apply to the Registrar with respect to any exercise or
proposed exercise of any of those powers.
(3) Without prejudice to the generality of subsection (2), the Registrar may
(a)rescind or vary any order made by a liquidator or substitute therefor
a new order;
(b) remove a liquidator from office;
(c)make an order upon the assets of the trade union for the
remuneration of any liquidator;
(d)call for and inspect the books, documents or assets of a trade union;
(e) by order in writing limit or restrict the powers of a liquidator;
(f)at any time require accounts to be rendered to him by a liquidator;
(g)refer any subject of dispute between a liquidator and any third party
to arbitration, subject to the consent in writing of such third party;
(h)summon such meetings of the members of the trade union as may
appear to him convenient for the purpose of winding up the affairs of
the trade union.
(4) A liquidator appointed under section 14 or the Registrar shall, in so far as
such powers are necessary for the carrying out of the purposes of this section, have
power to summon and enforce the attendance of parties and witnesses and to
compel the production of documents by the same means and (so far as may be) in
the same manner as is provided in the case of a magistrate.
16. Closure of liquidation on appointment
of liquidator by Registrar
Where a liquidator has been appointed under section 14 for the liquidation of a
registered trade union the registration of which has been cancelled, then,
notwithstanding anything contained in the rules of the trade union
(a)all of the funds (including welfare funds, if any) and assets of what
description soever belonging to the trade union shall be realized and
converted into money and shall be applied first to the cost of the
liquidation, then to the discharge of the liabilities of the trade union,
then to the payment of share capital, if any, and then in such manner
as may be provided by the rules of the trade union or, failing
provision therefor, in such manner as the Registrar may direct;
(b)when the liquidation of the trade union has been closed and any
creditor thereof has not claimed or received what is due to him under
the scheme of distribution, notice of the closing of the liquidation
shall be published in the Gazette, and all claims against the funds of
the trade union shall be prescribed when 2 years shall have elapsed
from the date of such publication; (Amended L.N. 20 of 1979)
(e)any surplus remaining after the application of the funds to the
purposes specified in paragraph (a) and the payment of any claims
under paragraph (b) shall be paid into the general revenue of Hong
Kong. (Amended 47of 1988 s. 3)
PART IV
CONSTITUTION
17. Officers and members of trade unions
(1) Subject to subsection (1A), no person shall be a member of a registered
trade union unless he is ordinarily resident in Hong Kong and engaged or employed
in a trade, industry or occupation with which the trade union is directly concerned.
(Replaced 18 of 1977 s. 3)
(1A) Any person who has lawfully been a member of a registered trade union
may, upon his retirement on account of age or ill-health from the trade, industry or
occupation in which he was engaged or employed and by virtue of which he was a
member of the trade union, remain a member thereof, but shall not be a voting
member. (Added 18 of 1977 s. 3)
(1B) No person shall be refused membership of a trade union solely on the
ground that he is casually or seasonally engaged or employed in the trade, industry
or occupation with which the trade union is directly concerned. (Added 18 of 1977
s. 3)
(2) No person shall, without the consent in writing of the Registrar, be an
officer of a registered trade, union unless he is ordinarily resident in Hong Kong
and is or has been engaged or employed in a trade, industry or occupation with
which the trade union is directly concerned.(Replaced 18 of 1977 s. 3)
(3) Save with the consent of the Governor in Council, no person who has been
convicted of any offence specified in Schedule 1 shall, within the period of 5 years
from the date of his conviction or discharge from prison, whichever is the later, be
an officer of a registered trade union. (Replaced 15 of 1971 s. 9)
(3A) The Governor in Council may, by order published in the Gazette, amend
Schedule 1. (Added 15 of 1971 s. 9)
(4) A person under the age of 16 years may be a member of a registered trade
union, unless provision is made in the rules thereof to the contrary, but shall not be
a voting member or a member of the executive of a registered trade union.
(5) A person under the age of 21 years, but of or over the age of 16 years, may
be a member of a registered trade union, unless provision is 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 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.
(6) Any person who is an officer of a registered trade union in contravention of
this section shall be guilty of an offence and shall be liable on summary conviction
to a fine of $1,000 and to imprisonment for 6 months.
17A. Powers of Registrar in respect of
union elections and membership
(1) The Registrar may, if he is of the opinion that
(a)a person is an officer of a registered trade union in contravention of
section 17 or any of the rules of the trade union;
(b)a candidate for election as an officer of a registered trade union is
ineligible to be so elected by virtue of section 17 or any of the rules
of the trade union; or
(c)a person is a member of a registered trade union in contravention of
section 17 or any of the rules of the trade union,
serve upon such officer, candidate or person, and upon the trade union, a notice in
writing requiring the officer, candidate or person to cease holding office or to cease
being a candidate for election as an officer or to cease being a member of the trade
union.
(2) If the officer, candidate or person fails within 14 days of service to satisfy
the Registrar that he has complied with a notice under subsection (1) the High Court
may, on the application of the Registrar
(a)grant an injunction prohibiting such officer, candidate or person from
holding office or being a candidate for election as an officer or being
a member of the trade union;
(b)make a declaration that such officer, candidate or person no longer
holds office in the trade union or is no longer a candidate for election
as an officer or a member of the trade union;
(c)make an order directing the trade union to hold, in such manner as the
court may direct, a fresh election if an officer has ceased to hold office
or a candidate for election as an officer has ceased to be a candidate
by virtue of this section.
(Added 15 of 1971 s. 10)
18. Rules
(1) Every registered trade union shall have, and every trade union which is
applying for registration shall make, rules that, in the opinion of the Registrar,
provide adequately for each and all of the matters specified in Schedule 2.
(2) (a)Where application is being made for the registration of a trade union,
the rules of the trade union shall be sent to the Registrar, in the
manner prescribed by regulations, at the same time as the application
for registration.
(b) When the Registrar is satisfied that(i) such rules have been duly
made; (ii) such rules make adequate provision for each and all of
the matters specified in Schedule 2;
(iii) no such rule is inconsistent with any of the provisions of this
Ordinance or the regulations or with any other such rule or with
the principal objects of the trade union or is contradictory,
imprecise or incomprehensible; and
(iv) where any such rule relates to the taking of decisions by secret
ballot, every voting member of the trade union has an equal
right and, so far as practicable, a reasonable opportunity of
voting and that the secrecy of the ballot is ensured,
he shall register such rules.
(3) No alteration or amendment of or addition to any of the registered rules of a
registered trade union shall be made the effect of which is that the rules no longer
provide adequately for each and all of the matters specified in Schedule 2.
(4) Where any registered rule of a registered trade union has been altered or
amended or any rule has been added to the registered rules thereof and where the
registered rules of a registered trade union have been wholly rescinded or otherwise
cancelled and replaced by new rules, the rule so amended or altered or the rule so
added or the new rules, as the case may be, shall, within 30 days of the making
thereof, be sent to the Registrar in the manner prescribed by regulations.
(5) When the Registrar is satisfied that
(a)such alteration, amendment or addition has, or such new rules have,
been duly made; and
(b) in the case of an altered or amended rule or a rule which has been
so added-
(i)the effect of the alteration, amendment or addition is not
such that the rules of the trade union no longer make
adequate provision for each and all of the matters specified
in Schedule 2;
(ii)the altered or amended rule or the rule so added is not
inconsistent with any of the provisions of this Ordinance or
the regulations or with any other rule of the trade union or
with the principal objects of the trade union or contra-
dictory, imprecise or incomprehensible;
(iii) where the altered or amended rule or the rule so added
relates to the taking of decisions by secret ballot, every
voting member of the trade union has an equal right and, so
far as practicable, an equal opportunity of voting and that
the secrecy of the ballot is ensured; and
(iv) where the rule has been amended or altered or the rule has
been added for the purpose of compliance by such trade
union with the provisions of subsection (1), the rule, either
by itself or in conjunction with other registered rules, makes
adequate provision for the matter specified in Schedule 2 to
which it relates; or
(c) in the case of new rules-
(i) such rules make adequate provision for each and all of the
matters specified in Schedule 2;
(ii)no such rule is inconsistent with any of the provisions of this
Ordinance or the regulations or with any other such rule or
with the principal objects of the trade union or is contradic-
tory, imprecise or incomprehensible; and
(iii) where any such rule relates to the taking of decisions by
secret ballot, every voting member of the trade union has an
equal right and, so far as practicable, an equal opportunity
of voting and that the secrecy of the ballot is ensured,
he shall register the altered or amended rule or the rule so added or the new
rules, as the case may be.
(6) No new rule, no alteration or amendment of any registered rule and
no rule added to the registered rules of a registered trade union shall take effect
until the same has been registered under this section.
(7) If a registered trade union contravenes subsection (1), the trade union
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $200.
(8) In the event of a contravention of subsection (3), (4) or (6), the registered
trade union shall be guilty of an offence and shall be liable on summary conviction
to a fine of $200.
(Amended 15 of 1971 s. 11)
19. Copies of rules
A copy of the rules of a registered trade union shall be delivered by the trade
union to any person demanding the same and tendering payment in advance of a
sum not exceeding $2.
20. Registered office
(1) Every registered trade union shall have a registered office situate in Hong
Kong and a postal address to which all communications and notices may be
addressed (Amended 47 of 1988 s. 3)
(2) Notice of the situation of the registered office and of the postal address,
and of any change therein, shall, within 2 weeks of the registration of the trade
union or of such change, as the case may be, be given to the Registrar and shall be
registered by him, and the trade union shall not be deemed to have complied with
this Ordinance until such notice has been given.
(3) Any registered trade union that
(a)operates without having a registered office or without giving notice
of the situation of its registered office; or
(b)operates at any place to which its registered office may have been
removed without having given notice of the change in the situation
thereof to the Registrar; or
(c)operates without having a postal address or without giving notice of
its postal address; or
(d)fails to give notice to the Registrar of a change in its postal address,
shall be guilty of an offence and shall be liable on summary conviction to a fine of
$100.
20A. Seal
(1) A registered trade union shall have a common seal bearing its registered
name in legible characters.
(2) The common seal of a trade union shall only be used by the authority of the
executive of the union and every instrument to which the common seal shall be
affixed shall be signed by an officer or a member appointed by the executive for that
purpose and countersigned by the chairman, treasurer or secretary.
(3) A trade union which fails to comply with subsection (1) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $100.
(4) An officer of a trade union, or any person on its behalf, who uses or
authorizes the use of any seal which falsely purports to be the seal of the trade
union shall be guilty of an offence and shall be liable on summary conviction to a
fine of $100.
(Added 15 of 1971 s. 12)
21. Branches and various undertakings of trade
unions to be reported to the Registrar
(1) Notification of
(a) every branch of a registered trade union;
(b)every business or charitable, cultural, educational or medical
undertaking which is operated by or in the name of a trade union;
and
(c)any change in the address of such branch, or business or charitable,
cultural, educational or medical undertaking,
shall be made to the Registrar in writing, together with such particulars as the
Registrar may require, by the trade union within 14 days after the establishment of
or change of address of such branch, of business or charitable, cultural, educational
or medical undertaking. (Replaced 15 of 1971 s. 13)
(2) If a branch of a registered trade union or such a business or charitable,
cultural, educational or medical undertaking as is mentioned in subsection (1)
ceases after notification to the Registrar, to exist or to be operated by or in the name
of a registered trade union, the trade union shall report the fact to the Registrar in
writing within 30 days thereafter.
(3) A registered trade union that contravenes this section shall be guilty of an
offence and shall be liable on summary conviction to a fine of $200.
22. Notification of officers, etc.
(1) A notice giving the names (including any alias) of all officers and their titles
shall be prominently exhibited in the registered office of every registered trade
union and in every office of any branch of a registered trade union.
(2) Notice of every change of officers or of the title of any officer of a
registered trade union shall, within 14 days thereof, be sent by the trade union to
the Registrar.
(3) The Registrar may require a registered trade union to furnish, in respect of
any officer specified in any notice given under subsection (2), such particulars as
he may consider necessary, and such trade union shall furnish such particulars
within 14 days of the date of such request.
(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 as it might have been continued or enforced by or against the trade
union if the change of name had not taken place.
(8) A registered trade union which fails to comply with subsection (2) shall be
guilty of an offence and shall be liable on summary conviction to a fine of $100.
(Added 15 of 1971 s. 14)
24. Consent of registrar required to
amalgamation of trade unions
Save with the consent of the Registrar, no registered trade unions shall
amalgamate as one trade union.
25. Application for consent to amalgamation
(1) Where 2 or more registered trade unions desire to amalgamate as one trade
union, an application shall be made to the Registrar for his consent to the
amalgamation.
(2) Every application under subsection (1) shall be made in the prescribed form
and shall be signed by the chairman and one other officer of each trade union and
shall be accompanied by 3 copies of the proposed rules of the trade union to be
formed by the intended amalgamation.
26. Vote on application for consent to amalgamation
No application under section 25 for the consent of the Registrar to the
amalgamation of any registered trade unions shall be made unless, in the case of
each trade union, a majority of the executive thereof has voted in favour of the
making of the application.
27. Grounds for refusal to consent to amalgamation
and procedure in such cases
(1) The Registrar may refuse to give his consent to an intended amalgamation
of registered trade unions where
(a)any of the provisions of this Ordinance in respect of the making of
the application for his consent have not been complied with;
(b)the proposed rules of the trade union to be formed by the
amalgamation will not make adequate provision for each and all of
the matters specified in Schedule 2;
(c) any of the purposes of such trade union will be unlawful;
(d)the name by which it is proposed that such trade union will be
known 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.
(2) Where, under subsection (1) of this section or section 28(2) the Registrar
refuses to give his consent to the amalgamation of any registered
trade unions, he shall, in writing, notify the trade unions of his refusal and shall
specify therein the ground for his refusal.
(3) Any person who considers that the Registrar was wrong in refusing under
subsection (1) to give his consent to an intended amalgamation of registered trade
unions on the ground specified in the notice given pursuant to subsection (2) in
that, as the case may be--
(a)the provisions of this Ordinance in respect of the making of the
application for his consent had been complied with;
(b)the proposed rules of the trade union to be formed by the
amalgamation would have made adequate provision for each and all of
the matters specified in Schedule 2;
(c) none of the purposes of such trade union will be unlawful;
(d)the name by which it was proposed that such trade union would be
known was not such a name as is specified in subsection (1)(d),
may, within 14 days after the Registrar has given such notice, appeal to the High
Court, which may, if it finds that the refusal of the Registrar to give his consent to
the intended amalgamation was wrong as aforesaid, so declare and thereupon the
Registrar shall, subject to the provisions of section 28, give his consent to the
amalgamation, but, save as hereinbefore provided, the appeal shall be dismissed.
(Amended 15 of 1971 s. 15)
28. Application for consent to be referred
to Governor in certain cases
(1) Where the Registrar has received an application under section 25(1) for his
consent to the amalgamation of any registered trade unions and any of such trade
unions is a member of any kind of a trade union or other organization established
outside Hong Kong, he shall, if, but for the provisions of this section, he would
have given his consent to the amalgamation, refer such application to the Governor.
(Amended 47 of 1988 s. 3)
(2) Where, under subsection (1), the Registrar has referred an application to the
Governor, he shall refuse to give his consent to the amalgamation unless the
Governor consents to the same.
(Amended 72 of 1973 s. 2)
29. Notice in writing to be given of consent to
amalgamation, and saving of powers of
Registrar in relation to registration of
trade union formed by amalgamation
(1) Where the Registrar gives his consent to the amalgamation of any
registered trade unions, he shall send to each of the trade unions a notice in
writing thereof and shall supply to each of the trade unions such additional copies
of such notice as may be necessary to enable the trade union to comply with
section 30(1)(a).
(2) The giving by the Registrar of his consent to the amalgamation of any
registered trade unions shall not prejudice or affect in any way the powers vested in
him by this Ordinance to refuse to register the trade union formed by such
amalgamation or the exercise of any powers so vested in him in connection with the
registration thereof.
30. Procedure for amalgamation, etc.
(1) No registered trade unions shall be amalgamated as one trade union unless
(a)the notice in writing of the consent of the Registrar to the
amalgamation has been posted at the registered office of each of the
trade unions party to the amalgamation and in every branch thereof
for a period of not less than 14 days; and
(b)in the case of each such trade union, on a vote being taken in secret
ballot, the votes of at least 50% of the voting members thereof are
recorded and of the votes recorded those in favour of the
amalgamation exceed by not less than 20% those against the same.
(Amended 15 of 1971 s. 16)
(2) An amalgamation of registered trade unions may take place with or without
any dissolution or division of the funds of the trade unions.
31. Transfer of liabilities, etc. to trade
union formed by amalgamation
(1) All deeds, bonds, agreements and instruments to which any registered trade
union that is amalgamated with any other registered trade union was a party that are
subsisting at the time of the amalgamation shall be of as full force and effect against
or in favour of the trade union formed by the amalgamation as if, instead of such
registered trade union, the trade union so formed had been named therein or had
been a party thereto.
(2) Where, in respect of any registered trade union that has amalgamated with
any other registered trade union, any proceeding or cause of action was pending or
existed at the time of the amalgamation, the same may be continued or enforced by
or against the trade union formed by the amalgamation as it might have been
continued or enforced by or against such registered trade union if the amalgamation
had not taken place.
32. Notification of dissolution
(1) When a registered trade union is dissolved, notice of the dissolution
thereof, signed by the secretary of the trade union and 7 persons who were
voting members thereof at the date of the dissolution, shall, within 14 days after the
dissolution, be sent to the Registrar by the trade union, and upon the registration
by the Registrar of such dissolution, the trade union shall cease to be a body
corporate.
(2) A registered trade union that contravenes subsection (1) and every officer
of a registered trade union, or other person, bound by the rules thereof to give or
send the notice required by that subsection who fails to give or send the same shall
be guilty of an offence and shall be liable on summary conviction to a fine of $200.
PART V
FUNDS, ACCOUNTS AND RETURNS
33. Application of funds
(1) The funds, other than the welfare and electoral funds (if any), of a
registered trade union may, subject to the rules thereof and to the provisions of this
Ordinance and the regulations, be expended only for the following purposes-
(Amended 47 of 1988 s. 4)
(a)the payment to officers and paid staff of the trade union of salaries,
allowances and expenses incurred in dealing with the affairs of the
trade union; (Amended 15 of 1971 s. 17; 18 of 1977 s.4)
(b)the payment of expenses for the administration of the trade union,
including audit of the accounts of the funds thereof;
(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 protecting
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
such member employs;
(d)the conduct of trade disputes on behalf of the trade union or any
member thereof;
(e)the compensation of members for loss arising out of trade disputes;
(f)the allocation of moneys for the provision and maintenance of a
welfare fund;
(g) purchase of bonds, securities or property;
(h)payment of subscriptions, fees, contributions or donations to a
registered trade union or other lawful association or combination
established within Hong Kong; (Amended 47 of 1988 s. 3)
(i) the promotion of entertainments;
(j)subject to the approval of the Governor, contributions or donations to
a trade union or other similar organization established outside Hong
Kong whether or not such registered trade union is affiliated
therewith; (Amended 15 of 1971 s. 17; 47 of 1988 s. 3)
(k)the payment of fines imposed on the trade union for any offence of
which it is convicted under this or any other Ordinance; (Added 15 of
1971 s. 17)
(l)any other purpose which the Governor may approve. (Replaced 15 of
1971 s. 17)
(2) Without prejudice to section 49, a registered trade union that contravenes
subsection (1) shall be guilty of an offence and shall be liable on summary
conviction to a fine of $500.
33A. Electoral fund
(1) If authorized by secret ballot of a majority of its voting members, a
registered trade union may establish an electoral fund out of which may be paid
(a)expenses incurred directly or indirectly by a candidate or prospective
candidate for election to a District Board, the Urban or Regional
Council or the Legislative Council;
(b)expenses for the holding of a meeting or the preparation and
distribution of literature or documents in support of a candidate or
prospective candidate for election to a District Board, the Urban or
Regional Council or the Legislative Council; and
(c)expenses related to the registration of electors or the selection of a
candidate for election to a District Board, the Urban or Regional
Council or the Legislative Council.
(2) A registered trade union shall not compel a member to contribute to the
electoral fund and the union shall not make contribution to the fund a condition for
admission to the union or continuing as a member with full membership rights in the
union.
(3) A registered trade union shall not pay money out of an electoral fund until
rules under paragraph (j)(iii) of Schedule 2 have been registered by the Registrar
under section 18.
(4) A registered trade union that contravenes this section commits an offence
and is liable to a fine of $500.
(Added 47 of 1988 s. 5)
33B. Electoral expenses resolution
(1) Where no electoral fund is established under section 33A, a registered
trade union, if authorized by secret ballot of a majority of its voting members
present at a general meeting or of a majority of members' representatives present at
a general meeting where the rules of the trade union allow voting by members'
representatives, may pay for expenses referred to in section 33A(I).
(2) An authorization under this section must limit the expenditures to a specific
election and specify the maximum amount authorized.
(Added 47 of 1988 s. 5)
34. Use of funds for political purposes
Except as permitted under sections 33A and 33B, the funds of a registered
trade union shall not be applied either directly or indirectly for any political purpose
or be paid or transferred to any person or body of persons in furtherance of any
political purpose whether within or without Hong Kong. (Amended 4 7 of 1988 ss. 3
& 6)
35. Treasurer to render accounts to members
(1) The treasurer of a registered trade union and every other officer thereof who
is responsible for the accounts of the trade union or for collection, disbursement,
custody or control of the funds or moneys thereof shall, upon resigning or vacating
his office and at least once in every year at such time as may be specified in the
rules of the trade union and at any other times at which he may be required to do so
by a resolution of the voting members of the trade union or by the rules thereof,
render to the trade union and its members a just and true account of all moneys
received and paid by him during the period that has elapsed since his assuming
office or, if he has previously rendered an account, since the last date upon which
he rendered such account, and of the balance remaining in his custody at the time of
rendering such account and of all bonds, securities or other property of the trade
union entrusted to his custody or under his control.
(2) The form of account may be prescribed.
(3) The trade union shall cause the account to be audited by some person
approved for that purpose by the Registrar.
(4) After the account has been audited, the treasurer or other officer referred to
in subsection (1) shall, if he is resigning or vacating his office or if so required by
resolution of the voting members of the trade union or by the rules thereof, as the
case may be, hand over to the trade union such balance as appears to be due from
him and all bonds, securities, effects, books, papers and property of the trade union
in his custody or otherwise under his control.
(5) If the treasurer or other officer referred to in subsection (1) fails to hand
over such balance or such other things as are referred to in subsection (4) in
accordance with that subsection, the trade union or any voting member thereof 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 the trade union and for the securities and effects,
books, papers and property in his custody, leaving him to set off in such action the
sums, if any, that he may have since paid on account of the trade union, and in any
such action the plaintiff shall be entitled to recover full costs of the suit to be taxed
as between solicitor and client.
36. Annual statement of account and returns
to be rendered to Registrar
(1) Every registered trade union shall furnish annually to the Registrar, not
more than 3 months after the termination of each financial year of the trade union as
specified in the rules thereof or within such further period as the Registrar may on
application in writing grant, a statement of account, audited by an auditor approved
by the Registrar, of all receipts and expenditures during that financial year and of
the assets and liabilities of the trade union. The statement shall be accompanied by
a copy of the auditor's report and shall be prepared in such form and shall contain
such particulars as may be prescribed. (Amended 15 of 1971 s. 18)
(2) Every registered trade union shall furnish to the Registrar on or before 31
March in each year, or within such further period as the Registrar may on
application in writing grant, a return in the form prescribed showing the membership
of the trade union and the names of the officers thereof on 31 December in the
preceding year and containing such other particulars as may be prescribed.
(Amended 15 of 1971 s. 18)
(3) Every member of a registered trade union shall be entitled to receive free of
charge a copy of the statement of account referred to in subsection (1) and the
secretary or other officer thereof specified in the rules of the trade union shall
deliver a copy of such statement to every member of the trade union who makes
application to him therefor.
(4) A registered trade union that contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on summary conviction to a fine of $500.
37. Inspection of accounts
(1) The account books of a registered trade union and the register of the
members thereof shall be open to inspection by any officer or member of the trade
union or any authorized agent thereof at such times and in such place as may be
specified in the rules thereof and shall be open to inspection at any time by the
Registrar or any person authorized in writing by him in that behalf and the Registrar
or such person may for that purpose enter any premises occupied by the trade
union or any branch thereof.
(2) Any person who opposes, obstructs or impedes the Registrar. or any
person authorized by him under subsection (1), in the carrying out of such
inspection shall be guilty of an offence and shall be liable on summary conviction to
a fine of $500 and to imprisonment for 3 months.
38. Power to require detailed accounts
(1) Without prejudice to any other provisions relating to the rendering of
accounts, the Registrar may, at any time, call upon a registered trade union to
render, in respect of any particular period, an account of the funds of the trade
union or any branch thereof, or both, together with a statement of the assets and
liabilities thereof, and such account shall show in particular such information, and
shall be vouched in such manner, as the Registrar may require and shall be delivered
to him within such period as he may specify.
(2) Any registered trade union that fails to comply with a request made by the
Registrar under subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.
PART VI
RIGHTS AND LIABILITIES OF TRADE
UNIONS
39. Disabilities of unregistered union
Subject to section 9, no trade union shall enjoy any of the rights, immunities or
privileges of a registered trade union until it is registered.
40. Registered trade union not criminal
The purposes of any registered 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 registered trade union liable to criminal prosecution for conspiracy or
otherwise.
41. Registered trade union not unlawful for civil purposes
The purposes of any registered trade union shall not, by reason merely that
they are in restraint of trade, be unlawful so as to render void or voidable any
agreement or trust.
42. Immunity from civil suit in certain cases
No suit or other legal proceeding shall be maintained in any civil court against
a registered trade union in respect of any act done in contemplation or furtherance
of a trade dispute to which a member of such trade union is a party
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 sub
scription or penalty to a 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, inconsideration 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.
45. Affiliation outside Hong Kong
(1) Except with the consent of the Governor, no registered trade union shall be a
member of any kind of any trade union or other organization of what nature or kind
soever that is established outside Hong Kong. Such consent, if given, may be
withdrawn at the discretion of the Governor. (Amended 72 of 1973 s. 2; 47 of 1988 s. 3)
(2) A registered trade union that contravenes subsection (1) shall be guilty of
an offence and shall be liable on summary conviction to a fine of $500.
PART VII
PICKETING, INTIMIDATION AND
CONSPIRACY
46. Peaceful picketing
Notwithstanding anything in this Ordinance, it shall be lawful for one or more
persons, acting on their own behalf or on behalf of a registered trade union or of an
individual employer or firm, in contemplation or furtherance of a trade dispute, to
attend at or near a place where a person works or carries on business, if they so
attend merely for the purpose of peacefully obtaining or communicating information
or of peacefully persuading any person to work or abstain from working:
Provided that it shall not be lawful if they so attend in such numbers, or
otherwise in such manner, as to be calculated to intimidate any person in that place,
or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the
peace, and any person who acts in contravention of this proviso shall be guilty of
an offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.
(Amended 15 of 1971 s. 21)
47. Intimidation and annoyance
(1) Every person who, with a view to compelling any person to abstain from
doing or to do any act that 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
(c)hides any tools, clothes or other property owned or used by such
other person, or deprives him of the same or 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 in a disorderly manner in or through any
street or road,
shall be guilty of an offence and shall be liable on summary conviction to a fine of
$1,000 and to imprisonment for 6 months.
(2) Attending at or near any place in such numbers, or otherwise in such
manner, as is by the proviso to section 46 declared to be unlawful shall be deemed
to be a watching or besetting of that place within the meaning of this section.
(Amended 15 of 1971 s. 22)
48. Conspiracy in relation to trade disputes
(1) An agreement or combination of 2 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 2 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 enactment in force in Hong
Kong. (Amended 47 of 1988 s. 3)
(4) Nothing in this section shall affect the law relating to riot, unlawful
assembly, breach of the peace or sedition or any offence against the State or the
Sovereign.
(5) Where a person is convicted of any such agreement or combination as is
referred to in subsection (1) to do or procure to be done any act that is punishable
on summary conviction, and is sentenced to imprisonment, the imprisonment shall
not exceed 3 months, or such longer term, if any, as may have been prescribed by
the law for the punishment of such act when committed by one person.
(6) Nothing in this section shall be construed in any way to limit or prejudice
any of the provisions of the Societies Ordinance (Cap. 151).
PART VIII
MISCELLANEOUS OFFENCES RELATING TO
REGISTERED
TRADE UNIONS
49. Punishment for withholding money or
property of a registered trade union
(1) If any officer or any other person being or representing himself to be a
member of a registered trade union or the nominee, executor, administrator or
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.
51. (Repealed 18 of 1977 s. 5)
52. Contravention of rules
(1) If it appears to the Registrar that any registered trade union or 1 any
officer thereof has contravened or is about to contravene any of the rules of the
trade union respecting any of the matters specified in Schedule 2, the Registrar
may serve upon the trade union or upon such officer, as the case may be, a
notice in writing requiring the trade union or such officer to comply with such
rule. (Amended 15 of 1971 s. 23)
(2) If any registered trade union upon which, or any officer of a registered
trade union upon whom, a notice has been served under subsection (1) fails to
comply with such notice, the trade union or such officer, as the case may be,
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $200.
PART IX
TRADE UNION FEDERATIONS
53. Application to trade union federations
(1) Save as hereinafter expressly provided, this Ordinance shall apply, in
so far as applicable, to a trade union federation as if the component trade
unions comprising such trade union federation were individual members of a
trade union:
Provided that the Societies Ordinance (Cap. 151) shall not apply to a trade
union federation so as to penalize any individual member of a registered trade
union merely by reason of his being a member of such registered trade union.
(2) Save as otherwise provided, every notice, copy of rules or other
document required by this Ordinance to be signed, in the case of a trade union,
by the secretary or voting members thereof, or both, shall, in the case of a trade
union federation, be signed by the chairman and one other officer thereof.
54. Provisions as to application for registration
of trade union federation
In the case of a trade union federation, an application for registration in
accordance with section 5 shall be signed by the chairman and one other officer
of each of the registered trade unions comprised therein, and shall be
accompanied by a declaration from each of such trade unions, signed by 7 voting
members thereof, that the application is made with the consent of the voting
members thereof as declared by a majority of votes taken by secret ballot at a
general meeting of the trade union.
55. Trade union federation not to he registered unless
component trade unions registered
No trade union federation shall be registered by the Registrar unless
(a)each of the component trade unions comprising such trade union
federation is a registered trade union; and
(b)the members of each and all of such component trade unions are
engaged or employed in the same trade, industry or occupation.
(Amended 15 of 1971 s. 24)
56. Additions to membership of trade union federations
(1) Where a trade union federation has been registered under this Ordinance,
no trade union shall subsequently enter into any agreement for membership thereof
or be a member of such registered trade union federation unless
(a)such trade union is a registered trade union the members of which are
engaged or employed in the same trade, industry or occupation as
the members of the component trade unions comprising such trade
union federation; (Amended 15 of 1971 s. 25)
(b)application for membership of such registered trade union federation
has been submitted to the Registrar in the prescribed form, which
shall be signed by the secretary and not less than 7 voting members
of the trade union applying for such membership, any of whom may
be officers thereof, and contain a declaration that such application is
made with the consent of the voting members of the trade union as
declared by a majority of the votes taken by secret ballot at a general
meeting thereof,
(c)there has been submitted to the Registrar a declaration signed by all
of the officers of such registered trade union federation signifying
consent;
(d)the Registrar, having satisfied himself that all of the requirements of
this Ordinance have been complied with, has signified his consent in
writing to such trade union joining in membership with such trade
union federation.
(2) If any registered trade union, being a member of a registered trade union
federation, shall cease to be registered, such trade union shall forthwith cease to be
a member of such registered trade union federation.
(3) Where, under subsection (1)(d), the Registrar has signified his consent to
any registered trade union joining in membership with a trade union federation and,
in respect of any declaration made for the purposes of subsection (1)(b) or (c),
there has been a contravention of section 58(3), the Registrar may forthwith
withdraw such consent.
(4) If any trade union, or any person acting for or on behalf of or in the name of
a trade union with the consent of the trade union, takes any part in the affairs or
business of a registered trade union federation of which such trade union is not a
properly constituted member in accordance with this Ordinance and the rules of
such registered trade union federation, such trade union or person, as the case may
be, shall be guilty of an offence and shall be liable on summary conviction to a fine
of $500.
57. Officers of trade union federations
No person shall be an officer of a registered trade union federation unless
(a) (i) he is an officer of one of the component registered trade unions
comprising such trade union federation; and
(ii) he is ordinarily resident in Hong Kong; and
(iii)he is or has been engaged or employed in a trade, industry or
occupation with which the trade union of which he is an officer
is directly concerned; or
(b) he is a voting member of one of the component registered trade
unions comprising such trade union federation.
(Replaced 18 of 1977 s. 6)
PART X
FORMS AND
REGULATIONS
58. Forms and offences in relation thereto
(1) The Registrar may prescribe all such forms as may, in his opinion, be
required for the carrying out of this Ordinance.
(2) Any form prescribed under subsection (1) shall be published in the Gazette.
(3) Any person who
(a)in any form prescribed by the Registrar under subsection (1), or in
any declaration accompanying any such form, makes any statement
or furnishes any information that he knows to be false or has reason
to believe to be false;
(b)causes or procures any such statement to be made or any such
information to be furnished in any such form or in any such
declaration; or
(c)in any such form or in any such declaration makes any statement or
furnishes any information recklessly,
shall be guilty of an offence and shall be liable on summary conviction to a fine of
$500 and to imprisonment for 3 months.
(4) Any person who
(a)signs any form prescribed by the Registrar under subsection (1)
knowing that it contains any false statement or any statement that he
has reason to believe to be false; or
(b) signs any such form recklessly,
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $500 and to imprisonment for 3 months.
59. Regulations
(1) Save as provided in section 58 and notwithstanding anything in the rules of
any registered trade union, the Governor in Council may by regulation provide for
(a) all matters stated or required in this Ordinance to be prescribed;
(b)books, registers and forms to be used for the purposes of this
Ordinance;
(c)the manner in which the accounts of registered trade unions shall be
audited and the qualifications of persons by whom they may be
audited;
(d)the seal, if any, to be used by the Registrar for the purpose of
registration of trade unions;
(e)inspection of registers and documents kept by the Registrar and the
making of copies of entries therein;
(f)fees to be charged for inspection and any other service or matter
prescribed or permitted by this Ordinance;
(g)the due disposal and safe custody of the funds and moneys of a
registered trade union;
(h)the creation, administration, protection, control and disposal of the
welfare and electoral funds of registered trade unions and all matters
connected therewith or incidental thereto; (Amended 47 of 1988 s. 7)
(i)generally for giving effect to the principles and provisions of this
Ordinance.
(2) Regulations made under this section may be of general application or
limited to any particular registered trade union or class of registered trade unions.
(3) Regulations made under this section may provide that any person who, or
any registered trade union that, contravenes any of the provisions of such
regulations shall be guilty of an offence and may prescribe penalties therefor:
Provided that no penalty so prescribed shall exceed a fine of $500.
PART XI
MISCELLANEOUS
60. Delegation of powers
The Registrar may delegated to any officer of the Registry of Trade Unions,
either generally or particularly, such of his powers, functions or duties under this
Ordinance as he may consider expedient:
Provided that no delegation made hereunder shall preclude the Registrar from
exercising or performing at any time any of the powers, functions or duties so
delegated.
61. Liability of officers thereof where offence
committed by trade union
Where any offence against this Ordinance or any regulations made thereunder
has been committed by any registered trade union, every officer of the trade union
shall be guilty of the like offence unless he proves to the satisfaction of the court
that the act constituting the offence took place without his knowledge or consent.
62. Limit of time for complaints or information
Notwithstanding anything contained in the Magistrates Ordinance (Cap. 227),
a complaint made or information laid in respect of an offence under this Ordinance
or the regulations shall be made or laid within 2 years from the time when the matter
of such complaint or information respectively arose.
63. Service of legal process and notices
issued by Registrar
(1) Every
(a)summons, notice or other document required to be served on a
registered trade union in any civil or criminal proceeding; and
(b)notice or other document issued by the Registrar under this
Ordinance and required to be served on a registered trade union,
shall be deemed to be duly served if it is delivered at or sent by registered post
addressed to the registered office of the trade union or if it is served personally
on any officer of the trade union, provided that such service is otherwise in
compliance with the requirements of any relevant Ordinance.
(2) Notwithstanding the provisions of subsection (1), whenever the
Registrar is required under section 11 to give notice to a trade union, he may in
addition publish such notice in the Gazette and such publication shall be
deemed to be good and effective notice to the trade union.
(Replaced 15 of 1971 s. 26)
64. Procedure, etc. upon appeal under Ordinance
to High Court and Court of Appeal
(1) Subject to the provisions of this Ordinance, the practice and
procedure upon and in connection with any appeal under this Ordinance to the
High Court shall be subject to any rules of court made under the Supreme
Court Ordinance (Cap. 4). (Amended 15 of 1971 s. 27)
(2) An appeal shall be from a decision of the High Court under this
Ordinance to the Court of Appeal in accordance with section 14 of the Supreme
Court Ordinance (Cap. 4). (Replaced 15 of 1971 s. 27)
65. Ordinance not to affect certain agreements
Nothing in this Ordinance shall affect-
(a) any agreement between partners as to their own business;
(b)any agreement between an employer and those employed by him
as to such employment; or
(e)any agreement in consideration of the sale of the goodwill of a
business or of instruction in any profession, trade or handicraft.
66. Notification in the Gazette
The Registrar shall notify the following facts in the Gazette-
(a)the fact that a trade union has applied for registration under this
Ordinance;
(b)the fact that a trade union has been registered under this
Ordinance or that registration has been refused;
(c) the fact that the registration of a trade union has been cancelled;
(d)the fact that any change of name, amalgamation or federation
relating to any trade union has been registered;
(e)the fact that any registered trade union has been dissolved; and
(f) the fact that a trade union has withdrawn its application for
registration under this Ordinance.(Added 15 of 1971 s. 28)
67. Provisions of certain Ordinances not to apply
to trade unions or trade union federations
Subject to the provisions of this Ordinance, the following Ordinances, that is
to say
(a) the Companies Ordinance (Cap. 32); and
(b) the Co-operative Societies Ordinance (Cap. 33), shall not apply to a
trade union or a trade union federation and the registration of a trade union or a
trade union federation under either of the said Ordinances shall be void and of no
effect.
68. Result of registration
(1) If a trade union is registered under the Companies Ordinance (Cap. 32) or
the Co-operative Societies Ordinance (Cap. 33) and the same shall become
registered under this Ordinance, all of the property and assets of what description
soever vested in the trade union by virtue of registration under the Companies
Ordinance (Cap. 32) or the Co-operative Societies Ordinance (Cap. 33), as the case
may be, together with all rights and liabilities, whether present, future, certain or
contingent, shall forthwith be deemed vested in the trade union by virtue of its
registration under this Ordinance, and all causes of action subsisting, or suits or
other legal proceedings pending, by or against the trade union by reason of or
arising out of its registration under the Companies Ordinance (Cap. 32) or the Co-
operative Societies Ordinance (Cap. 33), as the case may be, shall subsist or be
continued by or against such trade union by virtue of its registration under this
Ordinance.
(2) If any unincorporated association, being a trade union within the meaning
of this Ordinance, shall become registered thereunder, all of the property and assets
of what description soever belonging to the members of such association by virtue
of membership thereof or vested in trustees for the members of such association
shall become vested in the registered trade union upon registration together with all
rights and liabilities, whether present, future, certain or contingent, and all causes of
action subsisting, or suits or other legal proceedings pending, by or against any
trustees for the members of such association or any officer or member on behalf of
himself and all other members of such association shall subsist or continue by or
against such registered trade union in the name under which it is registered.
SCHEDULE 1 [s. 17]
Any offence involving(a) fraud; (b)
dishonesty; (c) extortion; (d)
membership of a triad society.
(Added 15 of 1971 s. 29)
SCHEDULE 2 [s. 18]
MATTERS FOR WHICH PROVISION MUST BE MADE IN THE
RULES OF EVERY REGISTERED TRADE UNION
The rules of every registered trade union shall-
(a)contain a statement of the name of the trade union and the address of its registered
office;
(b) declare the whole of the objects for which the trade union is established;
(c)subject to the provisions of section 17, declare the conditions under which persons
may enjoy
(i) voting membership; and
(ii) non-voting
membership;
(d) (i) provide for the keeping of a register of members of the trade union; and
(ii) make provision for the maintenance of discipline within the trade union,
including provision for appeal to the voting members at a general meeting of
the trade union against any decision of the executive cancelling the
membership of any member or dismissing any officer;
(e)specify the method of convening and conducting annual general meetings and
extraordinary general meetings, and the matters to be presented to the members of
the trade union at such meetings, including in the case of annual general meetings
the presentation of audited accounts;
(f) provide for the appointment and replacement of officers of the trade union;
(g)provide that every voting member of the trade union shall have a reasonable
opportunity of voting;
(h)provide that all decisions in respect of the following matters be taken by decision of
the voting members of the trade union by means of secret ballot
(i) the appointment of members of the executive; (Amended 18 of 1977 s. 7)
(ii) change of name of the trade union;
(iii) amalgamation of the trade union with any other trade union; and
(iv) federation of the trade union with any other trade union or with a trade union
federation;
(i)specify the amount and manner of payment of subscriptions, fees and contributions
payable by members of the trade union;
(j) (i) subject to the provisions of section 33, specify the purposes to which the funds of
the trade union may be applied;
(ii) provide for the creation, administration, protection, disbursement and disposal
of the welfare fund (if any) and declare the conditions under which any
member, or the family of any member, of the trade union may become
entitled to any benefit assured thereby;
(iii) provide for the administration, protection, disbursement and disposal of the
electoral fund, if one is established, and declare the conditions under which
money in the fund maybe spent; (Added 47 of 1988 s. 8)
(k)provide for the custody and investment of the funds (if any) of the trade union, the
designation of the officer or officers responsible therefor, the keeping of accounts
and the annual, or more frequent periodic, auditing thereof,
(l) specify the commencement and termination of the financial year of the trade union;
(m)ensure reasonable opportunity for the inspection by members of the trade union of
the rules of the trade union, its account books and the registers of the names of the
members thereof,
(n)provide for the making, altering, amending and rescinding of the rules of the trade
union;
(o)provide for the method of dissolution of the trade union and the manner in which
the funds thereof shall be disposed of upon dissolution;
(p)provide for the safe custody of the common seal of the trade union. (Added 15 of 1971 s.
30)
Abstract
Identifier
https://oelawhk.lib.hku.hk/items/show/3252
Edition
1964
Volume
v21
Subsequent Cap No.
332
Number of Pages
42
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TRADE UNIONS ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/3252.
