【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第3页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] Cap 332 s 8 Appeals against refusal of Registrar to register trade union Remarks: Amendments retroactively made-see 25 of 1998 s. 2 Where the Registrar refuses to register a trade union, any of the applicants for the registration thereof who considers that the refusal of the Registrar to register the trade union on the ground specified in the notice of refusal to register was wrong in that, as the case may be- (a) the provisions of this Ordinance and the regulations had been complied with; (b) the purposes of the trade union were not unlawful; (c) the name under which registration of the trade union was sought was not such a name as is specified in section 7(1)(c); (d) the trade union was not such a trade union as is specified in section 7(1)(d), (Added 15 of 1971 s. 7)may, within 28 days after the service of such notice, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to register the trade union was wrong as aforesaid, so declare and thereupon the Registrar shall register the trade union, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s.7; 25 of 1998 s. 2) Cap 332 s 9 Effect of application to register (1) The provisions of this Ordinance, other than the provisions of section 45, shall apply to a trade union in respect of which application for registration has been made in accordance with section 5 in like manner as if the trade union had been duly registered: Provided that, upon service by the Registrar upon any of the applicants for registration of a notice of refusal to register, the provisions of this Ordinance shall cease so to apply to the trade union. (2) A trade union in respect of which application for registration has been made in accordance with section 5 shall, for the purposes of the Societies Ordinance (Cap 151), be deemed to have been duly registered under this Ordinance: Provided that, upon service by the Registrar upon any of the applicants for registration of a notice of refusal to register, the trade union shall cease to be deemed to have been so registered. Cap 332 s 10 Cancellation of registration (1) The registration of a trade union shall not be cancelled otherwise than by order of the Registrar and in the following cases- (a) at the request of the trade union, to be verified in such manner as the Registrar may require; or (b) where- (i) the certificate of registration of the trade union has been obtained by fraud or mistake; or (ii) the registration of the trade union has become void under the proviso to section 6(1); or (iii) the trade union is being used, or has at any time since registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules; or (iv) the trade union has wilfully and after notice in writing from the Registrar contravened this Ordinance, or has allowed any rule which is inconsistent with this Ordinance to continue in force, or has rescinded any rule providing for any matter for which provision is required by section 18 ; or (v) the funds of the trade union have been expended in an unlawful manner or for an unlawful purpose or for any purpose not authorized by the rules of the trade union; or (vi) any funds of the trade union that have been utilized for any purpose connected with the trade union, or any members thereof, have wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of such trade union been omitted from the accounts thereof; or (vii) the trade union has ceased to exist.(2) Where an appeal has been duly brought under section 12(1), the Registrar shall not cancel the registration of the trade union before the appeal has been determined. Cap 332 s 11 Notice of cancellation Before cancelling the registration of a registered trade union, the Registrar shall give to the trade union not less than 2 months' previous notice in writing specifying the ground upon which he intends to cancel its registration: Provided that no such notice shall be required- (a) where the trade union has ceased to exist; or (b) where cancellation is at the request of the trade union. Cap 332 s 12 Appeals in relation to cancellation by Registrar of registration of trade union Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) Any voting member of a trade union that has received from the Registrar notice in writing of his intention to cancel its registration who considers that the Registrar is not entitled to cancel its registration on the ground specified in the notice in that, as the case may be- (a) the certificate of registration of the trade union was not obtained by fraud or mistake; (b) the registration of the trade union has not become void under the proviso to section 6(1); (c) the trade union was not being used, nor has at any time since its registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules; (d) the trade union has not wilfully and after notice in writing from the Registrar contravened this Ordinance nor allowed any rule which is inconsistent with this Ordinance to continue in force nor rescinded any rule providing for any matter for which provision is required by section 18; |
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