Hong Kong Ordinances

TRADE UNIONS ORDINANCE - SECT 18A

Refusal by Registrar to register rules under section 18

(1) Where the Registrar refuses to register the rules of a trade  union sent
to him under section 18(2)(a) in connection with an application for
registration of the trade union he shall, upon such refusal, serve on the
applicants for registration of the trade union a notice in writing to that
effect and shall specify in the notice the ground of his refusal.

(2) Where the Registrar refuses to register a rule or rules in relation to a
registered trade union sent to him under section 18(4) he shall, upon such
refusal, serve on the union a notice in writing to that effect and shall
specify in the notice the ground of his refusal.

(3) Any person who is aggrieved by the refusal of the Registrar-

   (a)  under section 18(2)(b) to register the rules of a trade union sent to
        him under section 18(2)(a); or

   (b)  under section 18(5) to register any rule of a registered trade  union
        sent to him under section 18(4), may, at any time before the expiry of
        28 days after service by the Registrar of the notice required under
        subsection (1) or (2), as the case may be, appeal to the Court of
        First Instance against such refusal.

(4) On the hearing of an appeal under subsection (3) the Court of First
Instance may, if it finds that the requirements of section 18(2)(b) or (5), as
the case may be, have been complied with, direct the Registrar to register the
rule or rules under that subsection, but unless the court so finds it shall
dismiss the appeal. (Added 135 of 1997 s. 7)