【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第4页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] (e) the funds of the trade union have not been expended in any way specified in section 10(1)(b)(v); (f) any such funds as are specified in section 10(1)(b)(vi) have not wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of the trade union been omitted from such accounts,may, within 28 days after the service of such notice upon the trade union, appeal to the Court of First Instance, which may, if it finds that the Registrar is not entitled as aforesaid to cancel the registration of the trade union, so declare, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s.8; 25 of 1998 s. 2) (2) Any voting member of a trade union the registration of which has been cancelled who considers that the cancellation of its registration was wrong in that, as the case may be- (a) notice was not given by the Registrar in accordance with section 11 ; (b) the trade union had not requested cancellation of its registration; (c) the trade union had not ceased to exist,may, within 14 days after the cancellation of its registration, appeal to the Court of First Instance, which may, if it finds that the cancellation of the registration of the trade union was wrong as aforesaid, so declare and thereupon the Registrar shall restore the registration of the trade union, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s.8; 25 of 1998 s. 2) Cap 332 s 13 Effect of registration The registration of a trade union shall render it a body corporate by the name under which it is registered, and, subject to the provisions of this Ordinance, with perpetual succession and with power to hold property movable or immovable and to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes of its constitution. Cap 332 s 14 Effect of cancellation of registration (1) Save where, under subsection (2), the cancellation of the registration of a trade union does not take effect immediately in which case this subsection shall apply when the cancellation takes effect for the purposes thereof, a trade union whose registration has been cancelled under this Ordinance shall in addition to any other disability- (a) cease to exist as a corporate body, and the Registrar may, notwithstanding anything contained in the rules of such trade union, forthwith appoint one or more persons to be liquidators thereof; (b) cease to enjoy any of the rights, immunities or privileges of a registered trade union, but without prejudice to any liability incurred by the trade union, which may be enforced against the trade union or its assets, whether such liability is incurred before, on or after the date of the cancellation of registration; (c) forthwith be dissolved and no person shall, except for the purpose of defending proceedings against the trade union or of dissolving it and disposing of its funds in accordance with the rules thereof and the provisions of this Ordinance, take any part in its management or organization or act or purport to act on behalf of the trade union or as an officer thereof.(2) Where the registration of a trade union is cancelled on the ground that it had requested cancellation of the registration or had ceased to exist, the cancellation shall not take effect for the purposes of subsection (1) or for the purposes of the Societies Ordinance (Cap 151) prior to the expiry of the period limited by section 12(2) for the bringing of an appeal and then- (a) if no appeal is brought under section 12(2) within that period, the cancellation shall take effect for those purposes at the commencement of the day following the day on which that period expired; and (b) if an appeal is so brought within that period, the cancellation shall not take effect for the purposes of subsection (1) or for the purposes of the Societies Ordinance (Cap 151) prior to the determination of the appeal, but, if the appeal is dismissed, shall take effect for those purposes on the determination thereof. Cap 332 s 15 Power of liquidator and Registrar in winding up of affairs of a trade union (1) Where a liquidator is appointed under section 14, all of the property of whatsoever description (including books and documents) belonging to the trade union, or held by trustees on its behalf, shall vest in the liquidator by his official name with effect from the date of his appointment, and the liquidator, after giving such indemnity, if any, as the Registrar may direct, may- (a) bring or defend in his official name any action or other legal proceeding that relates to the property of the trade union or is necessary to bring or defend for the purpose of effectually winding up the trade union and recovering its property; (b) take possession of any books, documents or property of whatsoever description belonging to the trade union; (c) sell the real and personal property and chooses in action of the trade union by public auction or private contract, with power to transfer the whole thereof to any person or company or to sell the same in parcels; |
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