| To make provision for the registration and better control of trade unions, and matters ancillary thereto. [1 April 1962] G.N.A. 14 of 1962 (Originally 52 of 1961) Cap 332 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Trade Unions Ordinance. (Amended 15 of 1971 s. 2) Cap 332 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "branch" (分会) means any number of members of a trade union who have in accordance with the constitution of the trade union appointed their own management committee but who are under the control of the executive committee of such trade union and are bound by the constitution of the trade union to contribute to its funds; (Added 15 of 1971 s. 3) "electoral fund" (选举经费) means a fund established under section 33A; (Added 47 of 1988 s. 2) "employee" (雇员) means any person who has entered into or works under, or, in the case of a contract which has been terminated, worked under, a contract with an employer, whether the contract is by way of manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or a contract personally to execute any work or labour; (Replaced 15 of 1971 s. 3) "executive" (理事会、理事) means the body to which the management of the affairs of a trade union or a branch of a trade union or a trade union federation, as the case may be, is entrusted by the members and also means any person for the time being carrying out the functions of a president, chairman, vice-chairman, secretary or treasurer thereof; "funds" (经费), in relation to a trade union or a branch of a trade union, or a trade union federation, includes money, whether in an electoral or welfare fund or not, and all other property or assets, whether real or personal, held, collected, received or controlled by or on behalf of the trade union or the branch of the trade union or the trade union federation, as the case may be; (Amended 47 of 1988 s. 2) "injury" (损害), for the purposes of Part VII, includes injury to a person in respect of his business, occupation, employment or other source of income, and includes any actionable wrong; "intimidation" (恐吓) , for the purposes of Part VII, means to cause in the mind of a person a reasonable apprehension of injury to himself or to any member of his family or to any of his dependants or of violence or damage to any person or property; "lock-out" (闭厂) means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aiding another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; "officer" (职员), in relation to a trade union or a branch of a trade union or a trade union federation, includes any member of the executive thereof, but does not include an auditor; "paid staff" (受薪人员) in relation to a trade union or a branch of a trade union or a trade union federation, means a clerk or other person appointed by, and acting under the instructions of, the executive thereof and paid from the funds of the trade union or the branch of the trade union or the trade union federation, as the case may be; (Added 18 of 1977 s. 2) "register" (登记册) means the register of trade unions to be maintained by the Registrar in accordance with section 4; "registered" (已登记、登记) means registered under this Ordinance; "registered office" (已登记办事处), in relation to a trade union or a branch of a trade union or a trade union federation, means the office, if any, which is registered under this Ordinance as the head office thereof; "Registrar" (局长) means the Registrar of Trade Unions appointed under section 3; "strike" (罢工) means the cessation of work by a body of persons employed acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons employed, to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or the employer of any other person or body of persons, or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment; "strike benefit" (罢工利益) means any financial or other benefit given by a trade union to any member of the trade union in consideration of a strike or lock-out; "trade dispute" (劳资纠纷) means any dispute or difference between employers and employees, or between employees and employees, connected with the employment or non-employment, or the terms of employment, or with the conditions of or affecting employment, of any person; (Amended 15 of 1971 s. 3) "trade union" (职工会) means any combination the principal objects of which are under its constitution the regulating of relations between employees and employers, or between employees and employees, or between employers and employers, whether such combination would or would not, if this Ordinance had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade; (Amended 15 of 1971 s. 3) |
