【法规名称】
【法规编号】 79971 什么是编号？
【正 文】
第9页 CAP 332 TRADE UNIONS ORDINANCE
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[接上页] *(1) A registered trade union may agree to change its name by secret ballot of a majority of its voting members present at a general meeting or of a majority of members' representatives present at a general meeting where the rules of the trade union allow voting by members' representatives. (Amended 102 of 1997 s. 3) (2) Where a registered trade union has so agreed to change its name, application for the registration of the change of name shall be made to the Registrar within 14 days thereof. (3) If- (a) the proposed name is identical with that under which any other trade union, whether existing or not, is or has been registered or so nearly resembles such name as to be likely to deceive the public or the members of such trade union or of any other trade union; or (b) the provisions of this Ordinance in respect of change of name have not been complied with,the Registrar shall refuse to register the change of name. (4) Save as provided in subsection (3), the Registrar shall register the change of name. (5) Any person who considers that the Registrar was wrong in refusing to register a change of the name of any registered trade union in that, as the case may be- (a) the proposed name was not such a name as is specified in subsection (3)(a); (b) the provisions of this Ordinance in respect of change of name had been complied with,may, within 14 days after the refusal of the Registrar to register the change of name, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to register the change of name was wrong as aforesaid, so declare and thereupon the Registrar shall register the change of name, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 14; 25 of 1998 s. 2) (6) No change of name of a registered trade union shall- (a) take effect until the same has been registered under this section; (b) affect any right or obligation of the trade union or any member thereof.(7) Where, in respect of any registered trade union that has changed its name, any proceeding or cause of action was pending or existed at the time of the change of name, the same may be continued or enforced by or against the trade union as it might have been continued or enforced by or against the trade union if the change of name had not taken place. (8) A registered trade union which fails to comply with subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine of $100. (Added 15 of 1971 s. 14) ___________________________________________________________________ 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 24 Consent of Registrar required to amalgamation of trade unions Save with the consent of the Registrar, no registered trade unions shall amalgamate as one trade union. Cap 332 s 25 Application for consent to amalgamation (1) Where 2 or more registered trade unions desire to amalgamate as one trade union, an application shall be made to the Registrar for his consent to the amalgamation. (2) Every application under subsection (1) shall be made in the prescribed form and shall be signed by the chairman and one other officer of each trade union and shall be accompanied by 3 copies of the proposed rules of the trade union to be formed by the intended amalgamation. Cap 332 s 26 Vote on application for consent to amalgamation No application under section 25 for the consent of the Registrar to the amalgamation of any registered trade unions shall be made unless, in the case of each trade union, a majority of the executive thereof has voted in favour of the making of the application. Cap 332 s 27 Grounds for refusal to consent to amalgamation and procedure in such cases Remarks: Amendments retroactively made-see 25 of 1998 s. 2 (1) The Registrar may refuse to give his consent to an intended amalgamation of registered trade unions where- (a) any of the provisions of this Ordinance in respect of the making of the application for his consent have not been complied with; (b) the proposed rules of the trade union to be formed by the amalgamation will not make adequate provision for each and all of the matters specified in Schedule 2; (c) any of the purposes of such trade union will be unlawful; (d) the name by which it is proposed that such trade union will be known is identical with that under which any other trade union, whether existing or not, is or has been registered or so nearly resembles such name as to be likely to deceive the public or the members of such trade union or of any other trade union.(2) Where, under subsection (1) of this section or section 28(2), the Registrar refuses to give his consent to the amalgamation of any registered trade unions, he shall, in writing, notify the trade unions of his refusal and shall specify therein the ground for his refusal. |
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