Hong Kong Ordinances

TRADE UNIONS ORDINANCE - SECT 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 chooses 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.