### Trade Unions Ordinance 《職工會條例》

10. Cancellation of registration
(1) The registration of a trade union shall not be cancelled otherwise than by order of the Registrar and in the following cases—
(a) at the request of the trade union, to be verified in such manner as the Registrar may require; or
(b) where—
(i) the certificate of registration of the trade union has been obtained by fraud or mistake; or
(ii) the registration of the trade union has become void under the proviso to section 6(1); or
(iii) the trade union is being used, or has at any time since registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules; or
(iv) the trade union has wilfully and after notice in writing from the Registrar contravened this Ordinance, or has allowed any rule which is inconsistent with this Ordinance to continue in force, or has rescinded any rule providing for any matter for which provision is required by section 18; or
(v) the funds of the trade union have been expended in an unlawful manner or for an unlawful purpose or for any purpose not authorized by the rules of the trade union; or
(vi) any funds of the trade union that have been utilized for any purpose connected with the trade union, or any members thereof, have wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of such trade union been omitted from the accounts thereof; or
(vii) the trade union has ceased to exist.
(2) Where an appeal has been duly brought under section 12(1), the Registrar shall not cancel the registration of the trade union before the appeal has been determined.

11. Notice of cancellation
Before cancelling the registration of a registered trade union, the Registrar shall give to the trade union not less than 2 months’ previous notice in writing specifying the ground upon which he intends to cancel its registration:
Provided that no such notice shall be required—
(a) where the trade union has ceased to exist; or
(b) where cancellation is at the request of the trade union.

### Trade Unions Ordinance 《職工會條例》

12. Appeals in relation to cancellation by Registrar of registration of trade union
(1) Any voting member of a trade union that has received from the Registrar notice in writing of his intention to cancel its registration who considers that the Registrar is not entitled to cancel its registration on the ground specified in the notice in that, as the case may be—
(a) the certificate of registration of the trade union was not obtained by fraud or mistake;
(b) the registration of the trade union has not become void under the proviso to section 6(1);
(c) the trade union was not being used, nor has at any time since its registration been used, for any unlawful purpose or for any purpose inconsistent with its objects or rules;
(d) the trade union has not wilfully and after notice in writing from the Registrar contravened this Ordinance nor allowed any rule which is inconsistent with this Ordinance to continue in force nor rescinded any rule providing for any matter for which provision is required by section 18;
(e) the funds of the trade union have not been expended in any way specified in section 10(1)(b)(v);
(f) any such funds as are specified in section 10(1)(b)(vi) have not wilfully and after notice in writing from the Registrar requiring the same to be entered in the accounts of the trade union been omitted from such accounts,
may, within 28 days after the service of such notice upon the trade union, appeal to the Court of First Instance, which may, if it finds that the Registrar is not entitled as aforesaid to cancel the registration of the trade union, so declare, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 8; 25 of 1998 s. 2)
(2) Any voting member of a trade union the registration of which has been cancelled who considers that the cancellation of its registration was wrong in that, as the case may be—
(a) notice was not given by the Registrar in accordance with section 11;
(b) the trade union had not requested cancellation of its registration;
(c) the trade union had not ceased to exist,
may, within 14 days after the cancellation of its registration, appeal to the Court of First Instance, which may, if it finds that the cancellation of the registration of the trade union was wrong as aforesaid, so declare and thereupon the Registrar shall restore the registration of the trade union, but, save as hereinbefore provided, the appeal shall be dismissed. (Amended 15 of 1971 s. 8; 25 of 1998 s. 2)

### Trade Unions Ordinance 《職工會條例》

13. Effect of registration
The registration of a trade union shall render it a body corporate by the name under which it is registered, and, subject to the provisions of this Ordinance, with perpetual succession and with power to hold property movable or immovable and to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes of its constitution.

14. Effect of cancellation of registration
(1) Save where, under subsection (2), the cancellation of the registration of a trade union does not take effect immediately in which case this subsection shall apply when the cancellation takes effect for the purposes thereof, a trade union whose registration has been cancelled under this Ordinance shall in addition to any other disability—
(a) cease to exist as a corporate body, and the Registrar may, notwithstanding anything contained in the rules of such trade union, forthwith appoint one or more persons to be liquidators thereof;
(b) cease to enjoy any of the rights, immunities or privileges of a registered trade union, but without prejudice to any liability incurred by the trade union, which may be enforced against the trade union or its assets, whether such liability is incurred before, on or after the date of the cancellation of registration;
(c) forthwith be dissolved and no person shall, except for the purpose of defending proceedings against the trade union or of dissolving it and disposing of its funds in accordance with the rules thereof and the provisions of this Ordinance, take any part in its management or organization or act or purport to act on behalf of the trade union or as an officer thereof.
(2) Where the registration of a trade union is cancelled on the ground that it had requested cancellation of the registration or had ceased to exist, the cancellation shall not take effect for the purposes of subsection (1) or for the purposes of the Societies Ordinance (Cap. 151) prior to the expiry of the period limited by section 12(2) for the bringing of an appeal and then—
(a) if no appeal is brought under section 12(2) within that period, the cancellation shall take effect for those purposes at the commencement of the day following the day on which that period expired; and
(b) if an appeal is so brought within that period, the cancellation shall not take effect for the purposes of subsection (1) or for the purposes of the Societies Ordinance (Cap. 151) prior to the determination of the appeal, but, if the appeal is dismissed, shall take effect for those purposes on the determination thereof.