【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第5页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] (d) appoint a solicitor or agent to assist him in his duties; (e) pay any creditors or classes of creditors of the trade union in full or in part; (f) compromise any debts or liabilities of the trade union and any liabilities capable of resulting in debts and any claims, present or future, certain or contingent, ascertained or sounding only in damages, that subsist, or are supposed to subsist, between the trade union and any member thereof or any other debtor or person apprehending liability to the trade union and any questions in any way relating to or affecting the assets or winding up of the affairs of the trade union on such terms as may be agreed, and take any security for the discharge of any such debt, liability or claim and give complete discharge in respect thereof; (g) make any compromise with creditors of the trade union or persons claiming to be creditors or having or alleging themselves to have any claim, present or future, certain or contingent, ascertained or sounding only in damages, against the trade union or whereby the trade union may be rendered liable; and (h) prepare a scheme of distribution of the assets of the trade union available for distribution and, subject to the approval of the same by the Registrar, distribute the assets accordingly.(2) The exercise by the liquidator of any of the powers conferred by this section shall be subject to the control of the Registrar, and any creditor or member of the trade union may apply to the Registrar with respect to any exercise or proposed exercise of any of those powers. (3) Without prejudice to the generality of subsection (2), the Registrar may- (a) rescind or vary any order made by a liquidator or substitute therefor a new order; (b) remove a liquidator from office; (c) make an order upon the assets of the trade union for the remuneration of any liquidator; (d) call for and inspect the books, documents or assets of a trade union; (e) by order in writing limit or restrict the powers of a liquidator; (f) at any time require accounts to be rendered to him by a liquidator; (g) refer any subject of dispute between a liquidator and any third party to arbitration, subject to the consent in writing of such third party; (h) summon such meetings of the members of the trade union as may appear to him convenient for the purpose of winding up the affairs of the trade union.(4) A liquidator appointed under section 14 or the Registrar shall, in so far as such powers are necessary for the carrying out of the purposes of this section, have power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the same means and (so far as may be) in the same manner as is provided in the case of a magistrate. Cap 332 s 16 Closure of liquidation on appointment of liquidator by Registrar Where a liquidator has been appointed under section 14 for the liquidation of a registered trade union the registration of which has been cancelled, then, notwithstanding anything contained in the rules of the trade union- (a) all of the funds (including welfare funds, if any) and assets of what description soever belonging to the trade union shall be realized and converted into money and shall be applied first to the cost of the liquidation, then to the discharge of the liabilities of the trade union, then to the payment of share capital, if any, and then in such manner as may be provided by the rules of the trade union or, failing provision therefor, in such manner as the Registrar may direct; (b) when the liquidation of the trade union has been closed and any creditor thereof has not claimed or received what is due to him under the scheme of distribution, notice of the closing of the liquidation shall be published in the Gazette, and all claims against the funds of the trade union shall be prescribed when 2 years shall have elapsed from the date of such publication; (Amended L.N. 20 of 1979) (c) any surplus remaining after the application of the funds to the purposes specified in paragraph (a) and the payment of any claims under paragraph (b) shall be paid into the general revenue of Hong Kong. (Amended 47 of 1988 s. 3) Cap 332 s 17 Officers and members of trade unions Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART IV CONSTITUTION (1) Subject to subsection (1A), no person shall be a member of a registered trade union unless he is ordinarily resident in Hong Kong and engaged or employed in a trade, industry or occupation with which the trade union is directly concerned. (Replaced 18 of 1977 s. 3) (1A) Any person who has lawfully been a member of a registered trade union may, upon his retirement on account of age or ill-health from the trade, industry or occupation in which he was engaged or employed and by virtue of which he was a member of the trade union, remain a member thereof, but shall not be a voting member. (Added 18 of 1977 s. 3) (1B) No person shall be refused membership of a trade union solely on the ground that he is casually or seasonally engaged or employed in the trade, industry or occupation with which the trade union is directly concerned. (Added 18 of 1977 s. 3) |
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