【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第6页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] *(2) No person shall, without the consent in writing of the Registrar, be an officer of a registered trade union unless he is ordinarily resident in Hong Kong and is or has been engaged or employed in a trade, industry or occupation with which the trade union is directly concerned. (Replaced 18 of 1977 s. 3. Amended 102 of 1997 s. 2; 135 of 1997 s. 5) (3) Save with the consent of the Chief Executive in Council, no person who has been convicted of any offence specified in Schedule 1 shall, within the period of 5 years from the date of his conviction or discharge from prison, whichever is the later, be an officer of a registered trade union. (Replaced 15 of 1971 s. 9. Amended 56 of 2000 s. 3) (3A) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1. (Added 15 of 1971 s. 9. Amended 56 of 2000 s. 3) (4) A person under the age of 16 years may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, but shall not be a voting member or a member of the executive of a registered trade union. *(5) A person under the age of 18 years, but of or over the age of 16 years, may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the executive of a registered trade union. (Amended 102 of 1997 s. 2) (6) Any person who is an officer of a registered trade union in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of $1000 and to imprisonment for 6 months. ___________________________________________________________________ Note: * As to the suspension of operation of 102 of 1997, please see s. 3(1) of Cap 538. On 31 October 1997, that s. 3(1), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 12 of 135 of 1997. Cap 332 s 17A Powers of Registrar in respect of union elections and membership Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) The Registrar may, if he is of the opinion that- (a) a person is an officer of a registered trade union in contravention of section 17 or any of the rules of the trade union; (b) a candidate for election as an officer of a registered trade union is ineligible to be so elected by virtue of section 17 or any of the rules of the trade union; or (c) a person is a member of a registered trade union in contravention of section 17 or any of the rules of the trade union,serve upon such officer, candidate or person, and upon the trade union, a notice in writing requiring the officer, candidate or person to cease holding office or to cease being a candidate for election as an officer or to cease being a member of the trade union. (2) If the officer, candidate or person fails within 14 days of service to satisfy the Registrar that he has complied with a notice under subsection (1) the Court of First Instance may, on the application of the Registrar- (Amended 25 of 1998 s. 2) (a) grant an injunction prohibiting such officer, candidate or person from holding office or being a candidate for election as an officer or being a member of the trade union; (b) make a declaration that such officer, candidate or person no longer holds office in the trade union or is no longer a candidate for election as an officer or a member of the trade union; (c) make an order directing the trade union to hold, in such manner as the court may direct, a fresh election if an officer has ceased to hold office or a candidate for election as an officer has ceased to be a candidate by virtue of this section. (Added 15 of 1971 s.10) Cap 332 s 17B (Repealed 135 of 1997 s. 14) ___________________________________________________________________________ Note: This section was added by 101 of 1997. As to the suspension of operation of 101 of 1997, please see s. 4(1) and (2) of Cap 538. On 31 October 1997, that s. 4(1) and (2), to the extent that it was in effect immediately before 31 October 1997, ceased to have effect. Please see s. 14(2) of 135 of 1997. Cap 332 s 18 Rules (1) Every registered trade union shall have, and every trade union which is applying for registration shall make, rules that, in the opinion of the Registrar, provide adequately for each and all of the matters specified in Schedule 2. (2) (a) Where application is being made for the registration of a trade union, the rules of the trade union shall be sent to the Registrar, in the manner prescribed by regulations, at the same time as the application for registration. (b) If the Registrar is satisfied that- (Amended 135 of 1997 s. 6) (i) such rules have been duly made; (ii) such rules make adequate provision for each and all of the matters specified in Schedule 2; (iii) no such rule is inconsistent with any of the provisions of this Ordinance or the regulations or with any other such rule or with the principal objects of the trade union or is contradictory, imprecise or incomprehensible; and |
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