### Trade Unions Ordinance 《職工會條例》

16. Closure of liquidation on appointment of liquidator by Registrar
Where a liquidator has been appointed under section 14 for the liquidation of a registered trade union the registration of which has been cancelled, then, notwithstanding anything contained in the rules of the trade union—
(a) all of the funds (including welfare funds, if any) and assets of what description soever belonging to the trade union shall be realized and converted into money and shall be applied first to the cost of the liquidation, then to the discharge of the liabilities of the trade union, then to the payment of share capital, if any, and then in such manner as may be provided by the rules of the trade union or, failing provision therefor, in such manner as the Registrar may direct;
(b) when the liquidation of the trade union has been closed and any creditor thereof has not claimed or received what is due to him under the scheme of distribution, notice of the closing of the liquidation shall be published in the Gazette, and all claims against the funds of the trade union shall be prescribed when 2 years shall have elapsed from the date of such publication; (Amended L.N. 20 of 1979)
(c) any surplus remaining after the application of the funds to the purposes specified in paragraph (a) and the payment of any claims under paragraph (b) shall be paid into the general revenue of Hong Kong. (Amended 47 of 1988 s. 3)

### Trade Unions Ordinance 《職工會條例》

17A. Powers of Registrar in respect of union elections and membership
(1) The Registrar may, if he is of the opinion that—
(a) a person is an officer of a registered trade union in contravention of section 17 or any of the rules of the trade union;
(b) a candidate for election as an officer of a registered trade union is ineligible to be so elected by virtue of section 17 or any of the rules of the trade union; or
(c) a person is a member of a registered trade union in contravention of section 17 or any of the rules of the trade union,
serve upon such officer, candidate or person, and upon the trade union, a notice in writing requiring the officer, candidate or person to cease holding office or to cease being a candidate for election as an officer or to cease being a member of the trade union.
(2) If the officer, candidate or person fails within 14 days of service to satisfy the Registrar that he has complied with a notice under subsection (1) the Court of First Instance may, on the application of the Registrar— (Amended 25 of 1998 s. 2)
(a) grant an injunction prohibiting such officer, candidate or person from holding office or being a candidate for election as an officer or being a member of the trade union;
(b) make a declaration that such officer, candidate or person no longer holds office in the trade union or is no longer a candidate for election as an officer or a member of the trade union;
(c) make an order directing the trade union to hold, in such manner as the court may direct, a fresh election if an officer has ceased to hold office or a candidate for election as an officer has ceased to be a candidate by virtue of this section.
(Added 15 of 1971 s. 10)

### Trade Unions Ordinance 《職工會條例》

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.
(4) On the hearing of an appeal under subsection (3) the Court of First Instance may, if it finds that the requirements of section 18(2)(b) or (5), as the case may be, have been complied with, direct the Registrar to register the rule or rules under that subsection, but unless the court so finds it shall dismiss the appeal.
(Added 135 of 1997 s. 7)

19. Copies of rules
A copy of the rules of a registered trade union shall be delivered by the trade union to any person demanding the same and tendering payment in advance of a sum not exceeding $2.

### Trade Unions Ordinance 《職工會條例》

20. Registered office
(1) Every registered trade union shall have a registered office situate in Hong Kong and a postal address to which all communications and notices may be addressed. (Amended 47 of 1988 s. 3)
(2) Notice of the situation of the registered office and of the postal address, and of any change therein, shall, within 2 weeks of the registration of the trade union or of such change, as the case may be, be given to the Registrar and shall be registered by him, and the trade union shall not be deemed to have complied with this Ordinance until such notice has been given.
(3) Any registered trade union that—
(a) operates without having a registered office or without giving notice of the situation of its registered office; or
(b) operates at any place to which its registered office may have been removed without having given notice of the change in the situation thereof to the Registrar; or
(c) operates without having a postal address or without giving notice of its postal address; or
(d) fails to give notice to the Registrar of a change in its postal address,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Amended E.R. 3 of 2020)

20A. Seal
(1) A registered trade union shall have a common seal bearing its registered name in legible characters.
(2) The common seal of a trade union shall only be used by the authority of the executive of the union and every instrument to which the common seal shall be affixed shall be signed by an officer or a member appointed by the executive for that purpose and countersigned by the chairman, treasurer or secretary.
(3) A trade union which fails to comply with subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Amended E.R. 3 of 2020)
(4) An officer of a trade union, or any person on its behalf, who uses or authorizes the use of any seal which falsely purports to be the seal of the trade union shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1. (Amended E.R. 3 of 2020)
(Added 15 of 1971 s. 12)