### Trade Unions Ordinance 《職工會條例》

36. Annual statement of account and returns to be rendered to Registrar
(1) Every registered trade union shall furnish annually to the Registrar, not more than 3 months after the termination of each financial year of the trade union as specified in the rules thereof or within such further period as the Registrar may on application in writing grant, a statement of account, audited by an auditor approved by the Registrar, of all receipts and expenditures during that financial year and of the assets and liabilities of the trade union. The statement shall be accompanied by a copy of the auditor’s report and shall be prepared in such form and shall contain such particulars as may be prescribed. (Amended 15 of 1971 s. 18)
(2) Every registered trade union shall furnish to the Registrar on or before 31 March in each year, or within such further period as the Registrar may on application in writing grant, a return in the form prescribed showing the membership of the trade union and the names of the officers thereof on 31 December in the preceding year and containing such other particulars as may be prescribed. (Amended 15 of 1971 s. 18)
(3) Every member of a registered trade union shall be entitled to receive free of charge a copy of the statement of account referred to in subsection (1) and the secretary or other officer thereof specified in the rules of the trade union shall deliver a copy of such statement to every member of the trade union who makes application to him therefor.
(4) A registered trade union that contravenes subsection (1) or (2) 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)

37. Inspection of accounts
(1) The account books of a registered trade union and the register of the members thereof shall be open to inspection by any officer or member of the trade union or any authorized agent thereof at such times and in such place as may be specified in the rules thereof and shall be open to inspection at any time by the Registrar or any person authorized in writing by him in that behalf and the Registrar or such person may for that purpose enter any premises occupied by the trade union or any branch thereof.
(2) Any person who opposes, obstructs or impedes the Registrar, or any person authorized by him under subsection (1), in the carrying out of such inspection shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 3 of 2020)

### Trade Unions Ordinance 《職工會條例》

38. Power to require detailed accounts
(1) Without prejudice to any other provisions relating to the rendering of accounts, the Registrar may, at any time, call upon a registered trade union to render, in respect of any particular period, an account of the funds of the trade union or any branch thereof, or both, together with a statement of the assets and liabilities thereof, and such account shall show in particular such information, and shall be vouched in such manner, as the Registrar may require and shall be delivered to him within such period as he may specify.
(2) Any registered trade union that fails to comply with a request made by the Registrar under 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)

39. Disabilities of unregistered union
Subject to section 9, no trade union shall enjoy any of the rights, immunities or privileges of a registered trade union until it is registered.

40. Registered trade union not criminal
The purposes of any registered trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such registered trade union liable to criminal prosecution for conspiracy or otherwise.

41. Registered trade union not unlawful for civil purposes
The purposes of any registered trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.

42. Immunity from civil suit in certain cases
No suit or other legal proceeding shall be maintained in any civil court against a registered trade union in respect of any act done in contemplation or furtherance of a trade dispute to which a member of such trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

43. Prohibition of actions in tort against registered trade unions
(1) An action against a registered trade union, whether of employees or employers, in respect of any tortious act alleged to have been committed in contemplation or furtherance of a trade dispute by or on behalf of such trade union shall not be entertained by any court. (Amended 15 of 1971 s. 19)
(2) Nothing in this section shall affect the liability of a registered trade union, or any trustees thereof, to be sued in any court touching and concerning any property, or any right or claim to property, of such trade union, except in respect of any tortious act committed by or on behalf of such trade union in contemplation or furtherance of a trade dispute.

### Trade Unions Ordinance 《職工會條例》

43A. Protection from civil suit for acts done in contemplation or furtherance of trade dispute
(1) No suit or other legal proceeding shall be maintained in any civil court against an employer, an employee or a member or officer of a registered trade union, in respect of any act done in contemplation or furtherance of a trade dispute—
(a) to which such employer or employee is a party;
(b) to which such member is a party; or
(c) in the case of an officer of a registered trade union, to which a member of that trade union is a party,
on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.
(2) This section applies to an act done on or after the day this section comes into operation*.
(Added 77 of 1997 s. 2)

44. Trade union contracts
Nothing in this Ordinance shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely—
(a) any agreement between members of a trade union as such concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ or be employed;
(b) any agreement for the payment by any person of any subscription or penalty to a trade union;
(c) any agreement for the application of the funds of a trade union—
(i) to provide benefits for members; or
(ii) to furnish contributions to any employer or employee not a member of such trade union, in consideration of such employer or employee acting in conformity with the rules or resolutions of such trade union; or (Amended 15 of 1971 s. 20; L.N. 307 of 1998)
(iii) to discharge any fine imposed on any person by sentence of a court of justice; or
(d) any agreement made between one trade union and another; or
(e) any bond to secure the performance of any of the above mentioned agreements,
but nothing in this section shall be deemed to constitute any of the above mentioned agreements unlawful.