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[接上页] (iv) where any such rule relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, a reasonable opportunity of voting and that the secrecy of the ballot is ensured,he shall register such rules, but if he is not so satisfied he shall refuse to register the rules. (Amended 135 of 1997 s. 6)(3) No alteration or amendment of or addition to any of the registered rules of a registered trade union shall be made the effect of which is that the rules no longer provide adequately for each and all of the matters specified in Schedule 2. (4) Where any registered rule of a registered trade union has been altered or amended or any rule has been added to the registered rules thereof and where the registered rules of a registered trade union have been wholly rescinded or otherwise cancelled and replaced by new rules, the rule so amended or altered or the rule so added or the new rules, as the case may be, shall, within 30 days of the making thereof, be sent to the Registrar in the manner prescribed by regulations. (5) If the Registrar is satisfied that- (Amended 135 of 1997 s. 6) (a) such alteration, amendment or addition has, or such new rules have, been duly made; and (b) in the case of an altered or amended rule or a rule which has been so added- (i) the effect of the alteration, amendment or addition is not such that the rules of the trade union no longer make adequate provision for each and all of the matters specified in Schedule 2; (ii) the altered or amended rule or the rule so added is not inconsistent with any of the provisions of this Ordinance or the regulations or with any other rule of the trade union or with the principal objects of the trade union or contradictory, imprecise or incomprehensible; (iii) where the altered or amended rule or the rule so added relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, an equal opportunity of voting and that the secrecy of the ballot is ensured; and (iv) where the rule has been amended or altered or the rule has been added for the purpose of compliance by such trade union with the provisions of subsection (1), the rule, either by itself or in conjunction with other registered rules, makes adequate provision for the matter specified in Schedule 2 to which it relates; or(c) in the case of new rules- (i) such rules make adequate provision for each and all of the matters specified in Schedule 2; (ii) 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 (iii) where any such rule relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, an equal opportunity of voting and that the secrecy of the ballot is ensured,he shall register the altered or amended rule or the rule so added or the new rules, as the case may be, but if he is not so satisfied he shall refuse to register the rule or rules. (Amended 135 of 1997 s. 6) (6) No new rule, no alteration or amendment of any registered rule and no rule added to the registered rules of a registered trade union shall take effect until the same has been registered under this section. (7) If a registered trade union contravenes subsection (1), the trade union shall be guilty of an offence and shall be liable on summary conviction to a fine of $200. (8) In the event of a contravention of subsection (3), (4) or (6), the registered trade union shall be guilty of an offence and shall be liable on summary conviction to a fine of $200. (Amended 15 of 1971 s.11) Cap 332 s 18A Refusal by Registrar to register rules under section 18 (1) Where the Registrar refuses to register the rules of a trade union sent to him under section 18(2)(a) in connection with an application for registration of the trade union he shall, upon such refusal, serve on the applicants for registration of the trade union a notice in writing to that effect and shall specify in the notice the ground of his refusal. (2) Where the Registrar refuses to register a rule or rules in relation to a registered trade union sent to him under section 18(4) he shall, upon such refusal, serve on the union a notice in writing to that effect and shall specify in the notice the ground of his refusal. (3) Any person who is aggrieved by the refusal of the Registrar- (a) under section 18(2)(b) to register the rules of a trade union sent to him under section 18(2)(a); or (b) under section 18(5) to register any rule of a registered trade union sent to him under section 18(4),may, at any time before the expiry of 28 days after service by the Registrar of the notice required under subsection (1) or (2), as the case may be, appeal to the Court of First Instance against such refusal. |