### Trade Unions Ordinance 《職工會條例》

3. Appointment of Registrar, etc.
The Chief Executive shall appoint such person as he may think fit to be Registrar of Trade Unions and may appoint a deputy registrar, assistant registrars and such other officers as may from time to time appear to him necessary for carrying out the purposes of this Ordinance.
(Amended 56 of 2000 s. 3)

4. Register of trade unions
(1) The Registrar shall keep a register in which shall be recorded such particulars relating to trade unions and trade union federations as may be prescribed by regulations.
(2) A copy of an entry in the register certified under the hand of the Registrar shall, until the contrary is shown, be received in evidence as proof of the facts specified therein as at the date of such certified copy.

5. Trade unions to be registered, etc.
(1) Every trade union shall be registered under this Ordinance.
(2) An application for the registration of a trade union shall be made to the Registrar in the prescribed form within 30 days of the establishment thereof.
(3) Every such application shall be signed by not less than 7 voting members of the trade union, any of whom may be officers thereof. (Amended 15 of 1971 s. 4)
(4) Upon receipt of any such application in the prescribed form, the Registrar shall issue to the trade union a certificate in the prescribed form acknowledging receipt of such application, and every such certificate or a copy thereof certified under the hand of the Registrar shall, until the contrary is proved, be received in evidence as proof of the facts specified therein.
(5) Any person who is an officer, or who acts as an officer, or who takes any part in the management or administration, of a trade union that is not registered under this Ordinance shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months: (Amended E.R. 3 of 2020)
Provided that this subsection shall not apply to any person who is an officer, or who acts as an officer, or who takes any part in the management or administration, of any such trade union so long as—
(a) an application for the registration of the trade union has been made in accordance with this section and the Registrar has not refused to register such trade union; and
(b) the only acts performed by such person, and the only acts performed by or on behalf of the trade union, are acts for the purposes of, or in connection with, its establishment and its registration under this Ordinance.

### Trade Unions Ordinance 《職工會條例》

6. Registration
(1) Whenever he has registered a trade union, the Registrar shall issue to the trade union a certificate of registration in the prescribed form, and such certificate, or a copy thereof certified under his hand shall, unless proved to have been cancelled, be conclusive evidence for all purposes that such trade union has been duly registered under this Ordinance: (Amended 15 of 1971 s. 5)
Provided that if any of the purposes of such trade union be unlawful such registration shall be void.
(2) The Registrar may, before registering a trade union, direct that the applicants shall produce any documents or provide any such particulars concerning such trade union as he may require in order to satisfy himself that such trade union is entitled to registration under this Ordinance.

7. Refusal of registration
(1) The Registrar may in his discretion refuse to register a trade union if—
(a) any of the provisions of this Ordinance or the regulations have not been complied with; or
(b) any of the purposes of such trade union is unlawful; or
(c) the name under which it is proposed to register the trade union is identical with that by which any other trade union, whether existing or having ceased to exist, 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 existing trade union; or
(d) he is of the opinion that the trade union applying for registration is substantially a trade union the certificate of registration of which has been cancelled under section 10(1); but the Registrar shall not refuse registration solely on the ground that the membership of the trade union applying for registration includes members of the trade union the certificate of registration of which has been cancelled. (Added 15 of 1971 s. 6)
(2) Where the Registrar refuses to register a trade union, he shall forthwith serve upon the applicants for registration thereof a notice in writing to that effect and shall specify therein the ground for his refusal.

### Trade Unions Ordinance 《職工會條例》

8. Appeals against refusal of Registrar to register trade union
Where the Registrar refuses to register a trade union, any of the applicants for the registration thereof who considers that the refusal of the Registrar to register the trade union on the ground specified in the notice of refusal to register was wrong in that, as the case may be—
(a) the provisions of this Ordinance and the regulations had been complied with;
(b) the purposes of the trade union were not unlawful;
(c) the name under which registration of the trade union was sought was not such a name as is specified in section 7(1)(c);
(d) the trade union was not such a trade union as is specified in section 7(1)(d), (Added 15 of 1971 s. 7)
may, within 28 days after the service of such notice, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to register the trade union was wrong as aforesaid, so declare and thereupon the Registrar shall register the trade union, but, save as hereinbefore provided, the appeal shall be dismissed.
(Amended 15 of 1971 s. 7; 25 of 1998 s. 2)

9. Effect of application to register
(1) The provisions of this Ordinance, other than the provisions of section 45, shall apply to a trade union in respect of which application for registration has been made in accordance with section 5 in like manner as if the trade union had been duly registered:
Provided that, upon service by the Registrar upon any of the applicants for registration of a notice of refusal to register, the provisions of this Ordinance shall cease so to apply to the trade union.
(2) A trade union in respect of which application for registration has been made in accordance with section 5 shall, for the purposes of the Societies Ordinance (Cap. 151), be deemed to have been duly registered under this Ordinance:
Provided that, upon service by the Registrar upon any of the applicants for registration of a notice of refusal to register, the trade union shall cease to be deemed to have been so registered.