Hong Kong Ordinances

TRADE UNIONS ORDINANCE - SECT 18

Rules

(Past version on 30/06/1997).

(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)  If the Registrar is satisfied that- (Amended 135 of 1997 s. 6)

        (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, but if he is not so
               satisfied he shall refuse to register the rules. (Amended 135
               of 1997 s. 6)

(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the registered rules of a registered trade union have been wholly rescinded or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) If the Registrar is satisfied that- (Amended 135 of 1997 s. 6)

   (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 contradictory,
               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
               contradictory, 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, but if he is not so
               satisfied he shall refuse to register the rule or rules.
               (Amended 135 of 1997 s. 6)

(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)