Hong Kong Ordinances

TRADE UNIONS ORDINANCE - SECT 17A

Powers of Registrar in respect of union elections and membership

(Past version on 30/06/1997).

Amendments retroactively made-see 25 of 1998 s. 2

(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 Court of First Instance may, on the application of the Registrar- (Amended
25 of 1998 s. 2)

   (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)