【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第10页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] (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 Court of First Instance, 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 25 of 1998 s. 2) (Amended 15 of 1971 s.15) Cap 332 s 28 Application for consent to be referred to Chief Executive in certain cases Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (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 Chief Executive. (Amended 47 of 1988 s. 3) (2) Where, under subsection (1), the Registrar has referred an application to the Chief Executive, he shall refuse to give his consent to the amalgamation unless the Chief Executive consents to the same. (Amended 72 of 1973 s. 2; 56 of 2000 s. 3) Cap 332 s 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. Cap 332 s 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. Cap 332 s 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. Cap 332 s 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, 14 fourteen 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. |
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