Cap. 332

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(Format changes—E.R. 3 of 2020) Part I Preliminary 1. Short title This Ordinance may be cited as the Trade Unions Ordinance.(Amended 15 of 1971 s. 2; L.N. 16 of 1991) 2. Interpretation In this Ordinance— (Amended 29 of 2025 s. 3)branch (分會) 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 (選舉經費) means a fund established under section 33A; (Added 47 of 1988 s. 2)employee (僱員) 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 (理事會、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, chairperson, vice-chairperson, secretary or treasurer of the trade union, the branch of the trade union or the trade union federation; (Amended 29 of 2025 s. 3)external force (境外勢力) has the meaning given by section 6 of the Safeguarding National Security Ordinance (6 of 2024); (Added 29 of 2025 s. 3)external place (境外) has the meaning given by section 3(1) of the Safeguarding National Security Ordinance (6 of 2024); (Added 29 of 2025 s. 3)function (職能) includes a power and a duty; (Added 29 of 2025 s. 3)funds (經費), 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; L.N. 16 of 1991)injury (損害), for the purposes of Part VII, includes injury to a person in respect of the person’s business, occupation, employment or other source of income, and includes any actionable wrong; (Amended 29 of 2025 s. 3)intimidation (恐嚇), for the purposes of Part VII, means to cause in the mind of a person a reasonable apprehension of injury to the person or to any member of the person’s family or to any of the person’s dependants or of violence or damage to any person or property; (Amended 29 of 2025 s. 3)lock-out (閉廠) 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 the employer in consequence of a dispute, done with a view to compelling those persons, or to aiding another employer in compelling persons employed by the other employer, to accept terms or conditions of or affecting employment; (Amended 29 of 2025 s. 3)officer (職員), in relation to a trade union or a branch of a trade union or a trade union federation, means any member of the executive of the trade union, the branch of the trade union or the trade union federation, but does not include an auditor; (Amended 29 of 2025 s. 3)paid staff (受薪人員), 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 of the trade union, the branch of the trade union or the trade union federation 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. Amended 29 of 2025 s. 3)register (登記冊) means the register of trade unions to be maintained by the Registrar in accordance with section 4;registered (已登記、登記) means registered under this Ordinance;registered office (已登記辦事處), 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 its head office; (Amended 29 of 2025 s. 3)Registrar (局長) means the Registrar of Trade Unions appointed under section 3;specified form (指明表格) means a form specified under section 58(1); (Added 29 of 2025 s. 3)strike (罷工) 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 the employer of those employed persons 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; (Amended 29 of 2025 s. 3)strike benefit (罷工利益) 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 (勞資糾紛) 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 (職工會) 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)trade union federation (職工會聯會) means a trade union which is wholly an association or combination of other registered trade unions;voting member (有表決權會員) means any member of a trade union entitled to vote for any purposes under the rules of the trade union; (Amended 29 of 2025 s. 3)welfare fund (福利經費) means trade union funds allocated or set apart for payment to members or the families of members of the trade union of any assurance or benefit, other than strike benefit, or for the provision for such members or such families of educational, recreational or medical facilities. Part II Appointments 3. Appointment of Registrar, etc. The Chief Executive must appoint a person the Chief Executive considers appropriate to be Registrar of Trade Unions and may appoint any other persons that may from time to time appear to the Chief Executive necessary for carrying out the purposes of this Ordinance.(Amended 56 of 2000 s. 3; 29 of 2025 s. 4) Part III Registration Division 1 Register (Added 29 of 2025 s. 5) 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. Division 2 Procedures, etc. for Applying for Registration (Added 29 of 2025 s. 6) 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 must be made to the Registrar in the specified form within 30 days beginning on the date of establishment of the trade union.(3) Every application for registration of a trade union must be signed by not less than 7 voting members of the trade union, any of whom may be officers of the trade union. (Amended 15 of 1971 s. 4)(3A) However, a person’s signature is not to be counted for the purposes of subsection (3) if the person is not allowed to sign the application for registration as a voting member of the trade union under section 17(2A) or (3). (Added 29 of 2025 s. 7)(4) On receiving an application in the specified form, the Registrar must issue to the trade union a certificate in the specified form acknowledging receipt of the application, and every such certificate, or its copy certified under the hand of the Registrar, is, until the contrary is proved, to be received in evidence as proof of the facts specified in the certificate or the copy.(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 commits an offence and is liable on conviction on indictment to a fine at level 5 and to imprisonment for 3 years: (Amended E.R. 3 of 2020; 29 of 2025 s. 7) Provided that this subsection does 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— (Amended 29 of 2025 s. 7) (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. (Amended 29 of 2025 s. 7) 6. Registration (1) Whenever the Registrar has registered a trade union, the Registrar must issue to the trade union a certificate of registration in the specified form, and the certificate, or its copy certified under the hand of the Registrar, is, unless proved to have been cancelled, to be conclusive evidence for all purposes that such trade union has been duly registered under this Ordinance: (Amended 15 of 1971 s. 5; 29 of 2025 s. 8) Provided that if any of the purposes of such trade union be unlawful such registration is void. (2) The Registrar may, before registering a trade union, direct the applicants to produce any documents, or to provide any particulars concerning the trade union that the Registrar requires, in order to satisfy the Registrar that the trade union is entitled to registration under this Ordinance.(Amended 29 of 2025 s. 8) 7. Refusal of registration (1A) The Registrar may refuse to register a trade union if the Registrar reasonably believes that it is necessary for safeguarding national security to refuse to register the trade union. (Added 29 of 2025 s. 9)(1) In addition, the Registrar may in the Registrar’s discretion refuse to register a trade union if— (Amended 29 of 2025 s. 9)(a) any of the provisions of this Ordinance or the regulations have not been complied with;(b) any of the purposes of such trade union is unlawful;(c) the name under which it is proposed to register the trade union— (Amended 29 of 2025 s. 9)(i) is identical with that by which any other trade union, whether existing or having ceased to exist, is or has been registered;(ii) so resembles the name mentioned in subparagraph (i) as to be likely to deceive or mislead the public, the members of the trade union or the members of any other existing trade union;(iii) is likely to deceive or mislead, as to the nature and purposes of the trade union, the public, the members of the trade union or the members of any other existing trade union; or(iv) is inconsistent with the objects or rules of the trade union; or(d) the Registrar 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 must not refuse to register the trade union applying for registration solely on the ground that the membership of the trade union 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, the Registrar must immediately serve on the applicants for the registration a written notice to that effect and must specify in the notice the ground for refusal.(Amended 29 of 2025 s. 9) 8. Appeals against refusal of Registrar to register trade union under section 7(1) (Amended 29 of 2025 s. 10)Where the Registrar refuses to register a trade union under section 7(1), any of the applicants for the registration 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— (Amended 29 of 2025 s. 10)(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); or (Amended 29 of 2025 s. 10)(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 date of 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 in any of the cases provided in paragraphs (a), (b), (c) and (d), so declare and the Registrar must then register the trade union, but, except as provided in any of those paragraphs, the appeal must be dismissed.(Amended 15 of 1971 s. 7; 25 of 1998 s. 2; 29 of 2025 s. 10) 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. Division 3 Procedures, etc. for Cancelling Registration (Added 29 of 2025 s. 11) 10. Cancellation of registration (1) The registration of a trade union may not be cancelled otherwise than by order of the Registrar and in the following cases— (Amended 29 of 2025 s. 12)(a) at the request of the trade union, to be verified in any manner the Registrar requires; or(b) where—(i) the certificate of registration of the trade union has been obtained by fraud or mistake;(ii) the registration of the trade union has become void under the proviso to section 6(1);(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;(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;(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;(vi) any funds of the trade union that have been utilized for any purpose connected with the trade union, or any members of the trade union, have 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 the accounts;(via) the trade union has passed a resolution for dissolution under the rules of the trade union, but the general interests of the members of the trade union have been prejudiced, or would likely be prejudiced, in the course of dissolution of the trade union; or (Added 29 of 2025 s. 12)(vii) the trade union has ceased to exist. (Amended 29 of 2025 s. 12)(1A) To avoid doubt, even if a trade union has passed a resolution for dissolution under the rules of the trade union, the Registrar may cancel the registration of the trade union under subsection (1). (Added 29 of 2025 s. 12)(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 (1) Before cancelling the registration of a registered trade union, the Registrar must issue to, and serve on, the trade union not less than 28 days’ previous notice in writing specifying the ground on which the Registrar intends to cancel its registration: (Amended 29 of 2025 s. 13) Provided that such a notice is not required— (Amended 29 of 2025 s. 13) (a) where the trade union has ceased to exist; or (b) where cancellation is at the request of the trade union. (2) If the dissolution of the trade union is registered by the Registrar under section 32(1) during the period mentioned in subsection (1), the notice mentioned in subsection (1) ceases to have effect. (Added 29 of 2025 s. 13) 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 the Registrar’s 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— (Amended 29 of 2025 s. 14)(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 the accounts; or(g) the general interests of the members of the trade union have not been prejudiced or would not likely be prejudiced (as the case may be) in the course of dissolution of the trade union, (Added 29 of 2025 s. 14)may, within 28 days after the date of service of such notice on the trade union, appeal to the Court of First Instance, which may, if it finds that the Registrar is not entitled as in any of the cases provided in paragraphs (a), (b), (c), (d), (e), (f) and (g) to cancel the registration of the trade union, so declare, but, except as provided in any of those paragraphs, the appeal must 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 issued or served by the Registrar in accordance with section 11;(b) the trade union had not requested cancellation of its registration; or(c) the trade union had not ceased to exist,may, within 14 days after the date on which its registration is cancelled, 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 in any of the cases provided in paragraphs (a), (b) and (c), so declare and the Registrar must then restore the registration of the trade union, but, except as provided in any of those paragraphs, the appeal must be dismissed. (Amended 15 of 1971 s. 8; 25 of 1998 s. 2)(3) If the dissolution of the trade union is registered by the Registrar under section 32(1) pending the determination of the appeal brought under subsection (1) or (2) or of any other proceedings to which the appeal relates, the appeal is, or the proceedings are, taken to be dismissed unless the court otherwise directs. (Added 29 of 2025 s. 14)(Amended 29 of 2025 s. 14) Division 4 Appointing Manager Pending Determination of Appeal (Division 4 added 29 of 2025 s. 15) 12A. Interpretation of Division 4 of Part III In this Division, a reference to the property of a trade union is a reference to all of the property of any description (including books and documents) belonging to the trade union or held by a trustee on behalf of the trade union. 12B. Registrar may appoint manager pending determination of appeal (1) Where an appeal in relation to a trade union is brought under section 12, if the Registrar is satisfied that it is in the general interests of the members of the trade union to appoint a manager to take over the management of the property of the trade union pending the determination of the appeal or any other proceedings to which the appeal relates (collectively referred to as appeal proceedings), the Registrar may, by written notice, appoint a person the Registrar considers appropriate to be a manager to take over the management of the property of the trade union.(2) The written notice—(a) must specify—(i) the name of the manager appointed; and(ii) the address of that manager; and(b) must be served on the trade union concerned.(3) The appointment takes effect on the date on which the written notice is served on the trade union, and ceases to have effect on the earliest of the following—(a) the date on which the trade union withdraws or discontinues the appeal proceedings;(b) if any court finds that the Registrar is not entitled to cancel the registration of the trade union or that the cancellation of the registration of the trade union was wrong—the date on which the court so declares;(c) if no appeal or review is made by any party against any other judgment or decision of the court in respect of the appeal proceedings before the expiry of the prescribed period for making such an appeal or review—the date on which the period expires;(d) the date on which the court makes the final judgment or decision in respect of the appeal proceedings, and the judgment or decision is not appealable or reviewable;(e) the date specified by the Registrar in the notice. 12C. Powers of manager (1) A manager appointed for a trade union under section 12B(1) may, during the period when the appointment has effect, do any or all of the following—(a) take possession of the property of the trade union;(b) for the purposes of paragraph (a), enter any premises occupied by the trade union or any branch of the trade union (specified premises);(c) for the purposes of paragraph (a) or (b), take the proceedings that the manager considers appropriate;(d) appoint a solicitor, an accountant or any other person the manager considers appropriate to assist the manager in the performance of the manager’s functions;(e) make an application to the District Court under section 49 on behalf of the trade union or the Registrar;(f) convene a general meeting in accordance with the rules of the trade union;(g) sell or otherwise dispose of the property of the trade union in accordance with subsection (5).(2) However, the manager may enter the specified premises (or any part of the specified premises) that are premises used for dwelling purposes only if a magistrate has issued a warrant under subsection (3).(3) If a magistrate is satisfied by information on oath by a manager that there are reasonable grounds to suspect that there is, or is likely to be, the property of the trade union on the specified premises (or any part of the specified premises) used for dwelling purposes, the magistrate may issue a warrant authorizing the manager to enter the premises.(4) Subject to subsection (5), a person must not sell or otherwise dispose of the property of a trade union when the appointment of a manager of the trade union has effect.(5) The manager of a trade union may sell or otherwise dispose of the property of the trade union if the manager considers it reasonably necessary to do so and is authorized by secret ballot of a majority of the voting members present at a general meeting to do so.(6) A sale or disposal of the property of a trade union in contravention of subsection (4) is void.(7) However, subsection (6) does not apply to a sale of the property for full and valuable consideration to a bona fide purchaser without notice of the appointment of manager.(8) To avoid doubt, despite subsection (4), a trade union may expend its funds in accordance with section 33 or the rules of the trade union when the appointment of a manager of the trade union has effect—(a) for the proper functioning of the trade union; and(b) for conducting the relevant appeal and any other proceedings to which the appeal relates.(9) The exercise by a manager of a trade union of any of the powers conferred by this section is subject to the control of the Registrar, and any creditor or member of the trade union may apply to the Registrar in respect of any exercise or proposed exercise of any of those powers.(10) Without limiting subsection (9), the Registrar may do any or all of the following—(a) rescind or vary any order made by a manager or substitute a new order for it;(b) remove a manager from office and (if applicable) appoint another person to be a manager under section 12B(1);(c) make an order upon the property of the trade union for the remuneration of a manager;(d) call for and inspect the books, documents or other property of the trade union;(e) by written order limit or restrict the powers of a manager;(f) at any time require a manager to render accounts to the Registrar;(g) refer any subject of dispute between a manager and any third party to mediation or arbitration, subject to the written consent of the third party;(h) summon meetings of the members of the trade union.(11) A person who obstructs or prevents a manager from performing the functions of the manager commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(12) It is a defence for a person charged with an offence under subsection (11) to establish that, at the time of the alleged offence, the person had a reasonable excuse for obstructing or preventing the manager from performing the functions of the manager. Division 5 Effect of Registration and Cancellation of Registration, etc. (Added 29 of 2025 s. 15) 12D. Interpretation of Division 5 of Part III In this Division, a reference to the property of a trade union is a reference to all of the property of any description (including books and documents) belonging to the trade union or held by a trustee on behalf of the trade union.(Added 29 of 2025 s. 15) 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) For a trade union the registration of which has been cancelled under this Ordinance, when the cancellation of the registration has effect, the trade union must, in addition to any other disability— (Amended 29 of 2025 s. 16)(a) cease to exist as a corporate body, and the Registrar may, despite anything contained in the rules of the trade union, immediately appoint one or more persons to be liquidators of the trade union;(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 property, whether such liability is incurred before, on or after the date of the cancellation of registration;(c) immediately be dissolved and a person must not, 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 of the trade union and the provisions of this Ordinance or of taking any other reasonable steps relating to the dissolution of the trade union, take any part in its management or organization or act or purport to act on behalf of the trade union or as an officer of the trade union. (Amended 29 of 2025 s. 16)(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. 15. Power of liquidator and Registrar in winding up of affairs of a trade union (1) Where a liquidator is appointed under section 14, the property of the trade union must vest in the liquidator by the official name of the liquidator with effect from the date of the liquidator’s appointment, and the liquidator, after giving such indemnity, if any, as the Registrar directs, may do any or all of the following— (Amended 29 of 2025 s. 17)(a) bring or defend in the official name of the liquidator any action or other legal proceeding that relates to the property of the trade union or is necessary to bring or defend for the purpose of effectually winding up the trade union and recovering its property;(b) take possession of the property of the trade union; (Replaced 29 of 2025 s. 17)(c) sell the real and personal property and choses in action of the trade union, with power to transfer all of them to any person or company or to sell the same in parcels;(d) appoint a solicitor, an accountant or any other person the liquidator considers appropriate to assist the liquidator in the liquidator’s duties;(e) pay any creditors or classes of creditors of the trade union in full or in part;(f) compromise any debts or liabilities of the trade union and any liabilities capable of resulting in debts and any claims, present or future, certain or contingent, ascertained or sounding only in damages, that subsist, or are supposed to subsist, between the trade union and any member of the trade union or any other debtor or person apprehending liability to the trade union and any questions in any way relating to or affecting the property or winding up of the affairs of the trade union on such terms as may be agreed, and take any security for the discharge of any such debt, liability or claim and give complete discharge in respect of such debt, liability or claim;(g) make any compromise with creditors of the trade union or persons claiming to be creditors or having or alleging themselves to have any claim, present or future, certain or contingent, ascertained or sounding only in damages, against the trade union or by which the trade union may be rendered liable;(h) prepare a scheme of distribution of the property of the trade union available for distribution and, subject to the approval of the same by the Registrar, distribute the property accordingly.(2) The exercise by the liquidator of any of the powers conferred by this section is subject to the control of the Registrar, and any creditor or member of the trade union may apply to the Registrar with respect to any exercise or proposed exercise of any of those powers.(3) Without limiting subsection (2), the Registrar may do any or all of the following— (Amended 29 of 2025 s. 17)(a) rescind or vary any order made by a liquidator or substitute a new order for it;(b) remove a liquidator from office;(c) make an order upon the property of the trade union for the remuneration of any liquidator;(d) call for and inspect the books, documents or other property of the trade union;(e) by order in writing limit or restrict the powers of a liquidator;(f) at any time require a liquidator to render accounts to the Registrar;(g) refer any subject of dispute between a liquidator and any third party to mediation or arbitration, subject to the consent in writing of such third party;(h) summon such meetings of the members of the trade union as appears to the Registrar convenient for the purpose of winding up the affairs of the trade union.(4) A liquidator appointed under section 14 or the Registrar shall, in so far as such powers are necessary for the carrying out of the purposes of this section, have power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the same means and (so far as may be) in the same manner as is provided in the case of a magistrate.(Amended 29 of 2025 s. 17) 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, despite anything contained in the rules of the trade union— (Amended 29 of 2025 s. 18)(a) all of the funds (including welfare funds, if any) and property of any description belonging to the trade union must be realized and converted into money and must 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 the manner as provided by the rules of the trade union or, if there is no such provision, in the manner the Registrar directs;(b) when the liquidation of the trade union has been closed and any creditor of the trade union has not claimed or received what is due to the creditor under the scheme of distribution, notice of the closing of the liquidation must be published in the Gazette, and all claims against the funds of the trade union are prescribed when 2 years 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) is to be paid into the general revenue of Hong Kong. (Amended 47 of 1988 s. 3)(Amended 29 of 2025 s. 18) Part IV Constitution Division 1 Officers and Members (Added 29 of 2025 s. 19) 17. Officers and members of trade unions (1) Subject to subsection (1AA) or (1A), a person must not be a member of a registered trade union unless the person is ordinarily resident in Hong Kong and engaged or employed in a trade, industry or occupation with which the trade union is directly concerned. (Replaced 18 of 1977 s. 3)(1AA) A person who is not ordinarily resident in Hong Kong but is engaged or employed in Hong Kong in a trade, industry or occupation with which a registered trade union is directly concerned may also be a member of the trade union if the rules of the trade union allow such a person to be its member. (Added 29 of 2025 s. 20)(1A) Any person who has lawfully been a member of a registered trade union may, upon the person’s retirement on account of age or ill-health from the trade, industry or occupation in which the person was engaged or employed and by virtue of which the person was a member of the trade union, remain a member of the trade union, but must not be a voting member. (Added 18 of 1977 s. 3)(1B) A person must not be refused membership of a trade union solely on the ground that the person is casually or seasonally engaged or employed in the trade, industry or occupation with which the trade union is directly concerned. (Added 18 of 1977 s. 3)(2) A person must not, without the consent in writing of the Registrar, be an officer of a registered trade union unless the person is ordinarily resident in Hong Kong and is or has been engaged or employed in a trade, industry or occupation with which the trade union is directly concerned. (Replaced 18 of 1977 s. 3. Amended 102 of 1997 s. 2; 135 of 1997 s. 5)(2A) A person who has been convicted of any offence specified in Part 1 of Schedule 1 must not, from the date of the person’s conviction—(a) sign, as a voting member of a trade union, an application for registration of any trade union; or(b) be an officer of any registered trade union. (Added 29 of 2025 s. 20)(3) Except with the consent of the Chief Executive in Council, a person who has been convicted of any offence specified in Part 2 of Schedule 1 must not, within the period of 5 years from the date of the person’s conviction or discharge from prison, whichever is the later— (Replaced 15 of 1971 s. 9. Amended 56 of 2000 s. 3; 29 of 2025 s. 20)(a) sign, as a voting member of a trade union, an application for registration of any trade union; or(b) be an officer of any registered trade union.(3AA) To avoid doubt, if the conviction of a person under subsection (2A) or (3) is quashed on appeal, that subsection no longer applies to the person from the date on which the conviction is quashed. (Added 29 of 2025 s. 20)(3A) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1. (Added 15 of 1971 s. 9. Amended 56 of 2000 s. 3)(4) A person under the age of 16 years may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, but shall not be a voting member or a member of the executive of a registered trade union.(5) A person under the age of 18 years, but of or over the age of 16 years, may be a member of a registered trade union, unless provision is made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the executive of a registered trade union. (Amended 102 of 1997 s. 2)(6) Any person who is an officer of a registered trade union in contravention of this section commits an offence and is liable on conviction on indictment to a fine at level 5 and to imprisonment for 3 years. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 20) 17AA. Duty of officers of trade unions to notify specified charges and convictions (1) An officer of a registered trade union who is charged with any offence specified in Schedule 1 must, as soon as reasonably practicable after the officer is charged with the offence, serve on the Registrar a written notice of the officer’s being charged with the offence, which must specify the nature of the offence.(2) An officer of a registered trade union who is convicted of any offence specified in Schedule 1 must, as soon as reasonably practicable after the officer is convicted of the offence, serve on the Registrar a written notice of the officer’s being convicted of the offence, which must specify the nature of the offence.(3) To avoid doubt, if the officer is convicted of any offence specified in Schedule 1, the officer must serve a written notice under subsection (2) even though the officer has served a written notice under subsection (1).(Added 29 of 2025 s. 21) 17A. Powers of Registrar in respect of union elections and membership (1) If the Registrar reasonably believes that— (Amended 29 of 2025 s. 22)(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,the Registrar may serve on such officer, candidate or person, and on the trade union, a written notice 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 to satisfy the Registrar that the officer, candidate or person has complied with the notice within 14 days beginning on the date on which the notice is served under subsection (1), the Court of First Instance may, on the application of the Registrar— (Amended 25 of 1998 s. 2; 29 of 2025 s. 22)(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; and(c) make an order directing the trade union to hold, in any manner the Court of First Instance directs, 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.(3) If the Registrar reasonably believes that an officer of a registered trade union is charged with any offence specified in Schedule 1 but has contravened section 17AA(1), the Registrar may serve on the officer and the trade union a written notice requiring the officer to cease holding office until the proceedings relating to the offence have been concluded. (Added 29 of 2025 s. 22)(4) If the officer fails to satisfy the Registrar that the officer has complied with the notice within 14 days beginning on the date on which the notice is served under subsection (3), the Court of First Instance may, on the application of the Registrar, grant an injunction prohibiting the officer from holding office until the proceedings relating to the offence have been concluded. (Added 29 of 2025 s. 22)(5) In this section, a reference to proceedings does not include appeal or review proceedings. (Added 29 of 2025 s. 22)(Added 15 of 1971 s. 10. Amended 29 of 2025 s. 22) 17B. (Repealed 135 of 1997 s. 14) 17C. Members’ representatives (1) The rules of a registered trade union may provide for elections in respect of members’ representatives of the trade union and matters for voting by members’ representatives of the trade union.(2) If the rules of a registered trade union provide that voting by members’ representatives of the trade union is allowed, then, in relation to the trade union and subject to the rules, a reference to “a majority of the voting members present at a general meeting” in sections 12C, 23, 33B and 45 is to be construed as “a majority of the voting members present at a general meeting or a majority of members’ representatives present at a general meeting of the members’ representatives”.(Added 29 of 2025 s. 23) Division 2 Rules (Added 29 of 2025 s. 23) 18. Rules (1) Every registered trade union shall have, and every trade union which is applying for registration shall make, rules that, in the opinion of the Registrar, provide adequately for each and all of the matters specified in Schedule 2.(2) (a) Where application is being made for the registration of a trade union, the rules of the trade union must be sent to the Registrar, in the manner prescribed by regulations, at the same time as the application for registration.(b) If the Registrar is satisfied that— (Amended 135 of 1997 s. 6)(i) such rules have been duly made;(ii) such rules make adequate provision for each and all of the matters specified in Schedule 2;(iii) no such rule is inconsistent with any of the provisions of this Ordinance or the regulations or with any other such rule or with the principal objects of the trade union or is contradictory, imprecise or incomprehensible; and(iv) where any such rule relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, a reasonable opportunity of voting and that the secrecy of the ballot is ensured,the Registrar must register such rules, but if the Registrar is not so satisfied the Registrar must refuse to register the rules. (Amended 135 of 1997 s. 6)(3) No alteration or amendment of or addition to any of the registered rules of a registered trade union shall be made the effect of which is that the rules no longer provide adequately for each and all of the matters specified in Schedule 2.(4) Where any registered rule of a registered trade union has been altered or amended or any rule has been added to the registered rules and where the registered rules of a registered trade union have been wholly rescinded or otherwise cancelled and replaced by new rules, the rule so amended or altered or the rule so added or the new rules, as the case may be, must, within 30 days beginning on the date on which the alteration, amendment or addition is made or the new rules are made, be sent to the Registrar in the manner prescribed by regulations.(5) If the Registrar is satisfied that— (Amended 135 of 1997 s. 6)(a) such alteration, amendment or addition has, or such new rules have, been duly made; and(b) in the case of an altered or amended rule or a rule which has been so added—(i) the effect of the alteration, amendment or addition is not such that the rules of the trade union no longer make adequate provision for each and all of the matters specified in Schedule 2;(ii) the altered or amended rule or the rule so added is not inconsistent with any of the provisions of this Ordinance or the regulations or with any other rule of the trade union or with the principal objects of the trade union or contradictory, imprecise or incomprehensible;(iii) where the altered or amended rule or the rule so added relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, an equal opportunity of voting and that the secrecy of the ballot is ensured; and(iv) where the rule has been amended or altered or the rule has been added for the purpose of compliance by such trade union with the provisions of subsection (1), the rule, either by itself or in conjunction with other registered rules, makes adequate provision for the matter specified in Schedule 2 to which it relates; or(c) in the case of new rules—(i) such rules make adequate provision for each and all of the matters specified in Schedule 2;(ii) no such rule is inconsistent with any of the provisions of this Ordinance or the regulations or with any other such rule or with the principal objects of the trade union or is contradictory, imprecise or incomprehensible;

and(iii) where any such rule relates to the taking of decisions by secret ballot, every voting member of the trade union has an equal right and, so far as practicable, an equal opportunity of voting and that the secrecy of the ballot is ensured,the Registrar must register the altered or amended rule or the rule so added or the new rules (as the case may be), but if the Registrar is not so satisfied the Registrar must refuse to register the rule or rules. (Amended 135 of 1997 s. 6)(6) No new rule, no alteration or amendment of any registered rule and no rule added to the registered rules of a registered trade union shall take effect until the same has been registered under this section.(7) If a registered trade union contravenes subsection (1), the trade union commits an offence and is liable on conviction to a fine at level 1. (Amended E.R. 3 of 2020)(8) In the event of a contravention of subsection (3), (4) or (6), the registered trade union commits an offence and is liable on conviction to a fine at level 1. (Amended E.R. 3 of 2020)(Amended 15 of 1971 s. 11; 29 of 2025 s. 24) 18AA. Transitional provisions in relation to section 18—Trade Unions (Amendment) Ordinance 2025 (1) For the purposes of section 18, Schedule 2 as in force immediately before the commencement date continues to apply in relation to a trade union registered before the commencement date as if the amendments to paragraph (h)(iiic) of Schedule 2 made by the Amendment Ordinance had not been made, unless the trade union seeks the consent of the Chief Executive under section 45(1)(b)(i) for being or becoming a member of an organization established in an external place.(2) In this section—Amendment Ordinance (《修訂條例》) means the Trade Unions (Amendment) Ordinance 2025 (29 of 2025);*commencement date (生效日期) means the date on which the Amendment Ordinance comes into operation.(Added 29 of 2025 s. 25) Editorial Note: * Commencement date: 5 January 2026. 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 the Registrar under section 18(2)(a) in connection with an application for registration of the trade union, the Registrar must, on such refusal, serve on the applicants for registration of the trade union a notice in writing to that effect and specify in the notice the ground for the refusal.(2) Where the Registrar refuses to register a rule or rules in relation to a registered trade union sent to the Registrar under section 18(4), the Registrar must, on such refusal, serve on the union a notice in writing to that effect and specify in the notice the ground for the 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 the Registrar under section 18(2)(a); or(b) under section 18(5) to register any rule of a registered trade union sent to the Registrar under section 18(4),may, at any time before the expiry of 28 days after the date of 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 section, but unless the court so finds it must dismiss the appeal.(Added 135 of 1997 s. 7. Amended 29 of 2025 s. 26) 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. Division 3 Office and Seal (Added 29 of 2025 s. 27) 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 in the situation or in the postal address, must, within 14 days beginning on the date of registration of the trade union or of such change, as the case may be, be given to the Registrar and must be registered by the Registrar, and the trade union is not to be regarded as having 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;(b) operates at any place to which its registered office may have been removed without having given notice of the change in the situation of its registered office to the Registrar;(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,commits an offence and is liable on conviction to a fine at level 1. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 28) 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 may only be used by the authority of the executive of the union and every instrument to which the common seal is to be affixed must be signed by an officer or a member appointed by the executive for that purpose and countersigned by the chairperson, treasurer or secretary.(3) A trade union that fails to comply with subsection (1) commits an offence and is liable on 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 knowingly uses or authorizes the use of any seal which falsely purports to be the seal of the trade union commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months. (Amended E.R. 3 of 2020)(Added 15 of 1971 s. 12. Amended 29 of 2025 s. 29) Division 4 Notification of Certain Information (Added 29 of 2025 s. 30) 21. Branches and various undertakings of trade unions to be notified to the Registrar (Amended 29 of 2025 s. 31)(1) Notification of—(a) every branch of a registered trade union;(b) every business or charitable, cultural, educational or medical undertaking which is operated by or in the name of a trade union; and(c) any change in the address of such branch, or business or charitable, cultural, educational or medical undertaking,must be made to the Registrar in writing, together with any particulars the Registrar requires, by the trade union within 14 days after the date of establishment of or change of address of such branch, or business or charitable, cultural, educational or medical undertaking. (Replaced 15 of 1971 s. 13)(2) If a branch of a registered trade union or such a business or charitable, cultural, educational or medical undertaking as is mentioned in subsection (1) ceases after notification to the Registrar, to exist or to be operated by or in the name of a registered trade union, the trade union must notify the Registrar of the fact in writing within 30 days after the date of cessation.(3) A registered trade union that contravenes this section commits an offence and is liable on conviction to a fine at level 1. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 31) 22. Notification of officers, etc. (1) A notice giving the names (including any alias) of all officers and their titles shall be prominently exhibited in the registered office of every registered trade union and in every office of any branch of a registered trade union.(2) Notice of every change of officers or of the title of any officer of a registered trade union must, within 14 days beginning on the date of the change, be sent by the trade union to the Registrar.(3) The Registrar may require a registered trade union to furnish, in respect of any officer specified in any notice given under subsection (2), any particulars the Registrar considers necessary, and such trade union must furnish those particulars within 14 days beginning on the date of such request.(4) A registered trade union that contravenes subsection (2) or fails to furnish, within the period specified in subsection (3), any particulars that the Registrar has required under subsection (3) commits an offence and is liable on conviction to a fine at level 4. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 32) Division 5 Change of Name (Added 29 of 2025 s. 33) 23. Change of name (1) A registered trade union may agree to change its name by secret ballot of a majority of the voting members present at a general meeting. (Amended 102 of 1997 s. 3)(2) Where a registered trade union has so agreed to change its name, application for the registration of the change of name must be made to the Registrar within 14 days beginning on the date on which the trade union has so agreed.(3) If—(a) the proposed name is such a name as is specified in section 7(1)(c); or(b) the provisions of this Ordinance in respect of change of name have not been complied with,the Registrar must refuse to register the change of name.(4) Save as provided in subsection (3), the Registrar shall register the change of name.(5) Any person who considers that the Registrar was wrong in refusing to register a change of the name of any registered trade union in that, as the case may be—(a) the proposed name was not such a name as is specified in section 7(1)(c); or(b) the provisions of this Ordinance in respect of change of name had been complied with,may, within 14 days after the date on which the Registrar refuses to register the change of name, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to register the change of name was wrong as in any of the cases provided in paragraphs (a) and (b), so declare and the Registrar must then register the change of name, but, except as provided in any of those paragraphs, the appeal must be dismissed. (Amended 15 of 1971 s. 14; 25 of 1998 s. 2)(6) No change of name of a registered trade union shall—(a) take effect until the same has been registered under this section;(b) affect any right or obligation of the trade union or any member thereof.(7) Where, in respect of any registered trade union that has changed its name, any proceeding or cause of action was pending or existed at the time of the change of name, the same may be continued or enforced by or against the trade union as it might have been continued or enforced by or against the trade union if the change of name had not taken place.(8) A registered trade union that fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 1. (Added 15 of 1971 s. 14. Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 34) Part IVA Amalgamation of Trade Unions (Added 29 of 2025 s. 35) 24. Consent of Registrar required to amalgamation of trade unions Save with the consent of the Registrar, no registered trade unions shall amalgamate as one trade union. 25. Application for consent to amalgamation (1) Where 2 or more registered trade unions desire to amalgamate as one trade union, an application must be made to the Registrar for the Registrar’s consent to the amalgamation.(2) Every application under subsection (1) must be made in the specified form and must be signed by the chairperson and one other officer of each trade union and must be accompanied by a copy of the proposed rules of the trade union to be formed by the intended amalgamation.(Amended 29 of 2025 s. 36) 26. Vote on application for consent to amalgamation No application under section 25 for the consent of the Registrar to the amalgamation of any registered trade unions shall be made unless, in the case of each trade union, a majority of the executive thereof has voted in favour of the making of the application. 27. Grounds for refusal to consent to amalgamation and procedure in such cases (1A) The Registrar may refuse to give consent to an intended amalgamation of registered trade unions if the Registrar reasonably believes that it is necessary for safeguarding national security to refuse to give consent to the intended amalgamation. (Added 29 of 2025 s. 37)(1) In addition, the Registrar may also refuse to give consent to an intended amalgamation of registered trade unions where— (Amended 29 of 2025 s. 37)(a) any of the provisions of this Ordinance in respect of the making of the application for the Registrar’s consent have not been complied with;(b) the proposed rules of the trade union to be formed by the amalgamation will not make adequate provision for each and all of the matters specified in Schedule 2;(c) any of the purposes of such trade union will be unlawful;(d) the name by which it is proposed that such trade union will be known is such a name as is specified in section 7(1)(c).(2) Where, under subsection (1A) or (1), the Registrar refuses to give consent to the amalgamation of any registered trade unions, the Registrar must issue to, and serve on, the trade unions a written notice and must specify in the notice the ground for the refusal.(3) If the Registrar refuses to give consent to an intended amalgamation of registered trade unions under subsection (1), any person who considers that the Registrar was wrong in refusing to give consent to the intended amalgamation of registered trade unions on the ground specified in the notice issued pursuant to subsection (2) in that, as the case may be— (Amended 29 of 2025 s. 37)(a) the provisions of this Ordinance in respect of the making of the application for the Registrar’s consent had been complied with;(b) the proposed rules of the trade union to be formed by the amalgamation would have made adequate provision for each and all of the matters specified in Schedule 2;(c) none of the purposes of such trade union will be unlawful; or(d) the name by which it was proposed that such trade union would be known was not such a name as is specified in section 7(1)(c),may, within 14 days after the date on which the notice is served on the trade union, appeal to the Court of First Instance, which may, if it finds that the refusal of the Registrar to give consent to the intended amalgamation was wrong as in any of the cases provided in paragraphs (a), (b), (c) and (d), so declare and the Registrar must then give consent to the amalgamation, but, except as provided in any of those paragraphs, the appeal must be dismissed. (Amended 25 of 1998 s. 2)(Amended 15 of 1971 s. 15; 29 of 2025 s. 37) 28. (Repealed 29 of 2025 s. 38) 29. Notice in writing to be given of consent to amalgamation, and saving of powers of Registrar in relation to registration of trade union formed by amalgamation (1) Where the Registrar gives consent to the amalgamation of any registered trade unions, the Registrar must serve on each of the trade unions a written notice of that fact and must supply to each of the trade unions any additional copies of the notice that are necessary to enable the trade union to comply with section 30(1)(a).(2) The giving by the Registrar of consent to the amalgamation of any registered trade unions does not prejudice or affect in any way the powers vested in the Registrar by this Ordinance to refuse to register the trade union formed by such amalgamation or the exercise of any powers so vested in the Registrar in connection with the registration of the trade union formed by the amalgamation.(Amended 29 of 2025 s. 39) 30. Procedure for amalgamation, etc. (1) Registered trade unions must not be amalgamated as one trade union unless— (Amended 29 of 2025 s. 40)(a) the notice in writing of the consent of the Registrar to the amalgamation has been posted at the registered office, and in every branch, of each of the trade unions that are party to the amalgamation for a period of not less than 14 days; and(b) in the case of each of the trade unions, on a vote being taken in secret ballot, the votes of at least 50% of the voting members are recorded and of the votes recorded those in favour of the amalgamation exceed by not less than 20% those against the same. (Amended 15 of 1971 s. 16; 29 of 2025 s. 40)(2) An amalgamation of registered trade unions may take place with or without any dissolution or division of the funds of the trade unions. 31. Transfer of liabilities, etc. to trade union formed by amalgamation (1) All deeds, bonds, agreements and instruments to which any registered trade union that is amalgamated with any other registered trade union was a party that are subsisting at the time of the amalgamation shall be of as full force and effect against or in favour of the trade union formed by the amalgamation as if, instead of such registered trade union, the trade union so formed had been named therein or had been a party thereto.(2) Where, in respect of any registered trade union that has amalgamated with any other registered trade union, any proceeding or cause of action was pending or existed at the time of the amalgamation, the same may be continued or enforced by or against the trade union formed by the amalgamation as it might have been continued or enforced by or against such registered trade union if the amalgamation had not taken place.(3) To avoid doubt, even if a registered trade union has been authorized under section 45(1)(a), or has been authorized and has obtained the consent of the Chief Executive under section 45(1)(b), for being or becoming a member of an organization established in an external place before the trade union amalgamates with any other registered trade union, the authorization and consent do not apply in relation to the trade union formed by the amalgamation. (Added 29 of 2025 s. 41) Part IVB Notification in respect of Dissolution (Added 29 of 2025 s. 42) 31A. Notification of passing resolution for dissolution (1) A registered trade union that has passed a resolution for dissolution under the rules of the trade union must, within 14 days after the date of the passage, notify the Registrar in writing that the resolution has been passed.(2) A registered trade union that contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1.(Added 29 of 2025 s. 42) 32. Notification of dissolution (1) When a registered trade union is dissolved, notice of the dissolution of the trade union, signed by the secretary of the trade union and 7 persons who were voting members of the trade union at the date of the dissolution, must, within 14 days after the date of dissolution, be sent to the Registrar by the trade union, and on the registration by the Registrar of such dissolution, the trade union must cease to be a body corporate. (Amended 29 of 2025 s. 43)(2) If subsection (1) is contravened, each of the following persons commits an offence and is liable on conviction to a fine at level 4—(a) the registered trade union;(b) every officer of the trade union;(c) if there is any other person bound by the rules of the trade union to issue or send the notice—every such person. (Replaced 29 of 2025 s. 43) Part V Funds, Accounts, Returns and Records (Amended 29 of 2025 s. 44) Division 1 Funds (Added 29 of 2025 s. 45) 33. Application of funds (1) The funds, other than the welfare and electoral funds (if any), of a registered trade union may, subject to the rules of the trade union and to the provisions of this Ordinance and the regulations, be expended only for the following purposes— (Amended 47 of 1988 s. 4; 29 of 2025 s. 46)(a) the payment to officers and paid staff of the trade union of salaries, allowances and expenses incurred in dealing with the affairs of the trade union; (Amended 15 of 1971 s. 17; 18 of 1977 s. 4)(b) the payment of expenses for the administration of the trade union, including audit of the accounts of the funds of the trade union;(c) the prosecution or defence of any legal proceeding to which the trade union or any member of the trade union is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with the member’s employer or with a person whom such member employs;(d) the conduct of trade disputes on behalf of the trade union or any member of the trade union;(e) the compensation of members for loss arising out of trade disputes;(f) the allocation of moneys for the provision and maintenance of a welfare fund;(g) purchase of bonds, securities or property;(h) payment of subscriptions, fees, contributions or donations to a registered trade union or other lawful association or combination established within Hong Kong; (Amended 47 of 1988 s. 3)(i) the promotion of entertainments;(j) subject to the approval of the Chief Executive, contributions or donations to a trade union or other similar organization established outside Hong Kong whether or not such registered trade union is affiliated with such a trade union or organization; (Amended 15 of 1971 s. 17; 47 of 1988 s. 3; 102 of 1997 s. 4; 135 of 1997 s. 8)(k) the payment of fines imposed on the trade union for any offence of which it is convicted under this or any other Ordinance; (Added 15 of 1971 s. 17)(l) any other purpose which the Chief Executive may approve. (Replaced 15 of 1971 s. 17. Amended 102 of 1997 s. 4; 135 of 1997 s. 8)(2) Without prejudice to section 49, a registered trade union that contravenes subsection (1) commits an offence and is liable on conviction on indictment to a fine at level 5. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 46) 33A. Electoral fund (1) If authorized by secret ballot of a majority of its voting members, a registered trade union may establish an electoral fund out of which may be paid—(a) expenses incurred directly or indirectly by a candidate or prospective candidate of a specified election for standing for the election; (Amended 29 of 2025 s. 47)(b) expenses for the holding of a meeting or the preparation and distribution of literature or documents in support of a candidate or prospective candidate of a specified election to stand for the election; and (Amended 29 of 2025 s. 47)(c) expenses related to the registration of electors or voters of a specified election or the selection of a candidate of a specified election to stand for the election. (Replaced 29 of 2025 s. 47)(2) A registered trade union shall not compel a member to contribute to the electoral fund and the union shall not make contribution to the fund a condition for admission to the union or continuing as a member with full membership rights in the union.(3) A registered trade union shall not pay money out of an electoral fund until rules under paragraph (j)(iii) of Schedule 2 have been registered by the Registrar under section 18.(4) A registered trade union that contravenes this section commits an offence and is liable on conviction on indictment to a fine at level 5. (Amended E.R. 3 of 2020; 29 of 2025 s. 47)(5) In this section—specified election (指明選舉) means an election set out in section 4(1)(a), (b), (c), (d), (da), (e) or (f) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (Added 29 of 2025 s. 47)(Added 47 of 1988 s. 5) 33B. Electoral expenses resolution (1) Where no electoral fund is established under section 33A, a registered trade union, if authorized by secret ballot of a majority of the voting members present at a general meeting, may pay for expenses referred to in section 33A(1). (Amended 29 of 2025 s. 48)(2) An authorization under this section must limit the expenditures to a specific election and specify the maximum amount authorized.(Added 47 of 1988 s. 5) 34. Use of funds for political purposes Except as permitted under sections 33A and 33B, the funds of a registered trade union shall not, whether in Hong Kong or elsewhere—(a) be applied either directly or indirectly for any political purpose; or(b) be paid or transferred to any person or body of persons in furtherance of any political purpose.(Added 135 of 1997 s. 9) 34A. Restrictions on receiving contributions or donations from external force (1) If an officer of a registered trade union knows or has reason to believe that any external force will make contributions or donations to the trade union, the trade union—(a) must make an application to the Registrar in the specified form before receiving the contributions or donations; and(b) must decline to receive the contributions or donations until the Registrar has approved the application.(2) If any external force makes contributions or donations to a registered trade union without the prior knowledge of any of the officers of the trade union, the trade union—(a) must make an application to the Registrar in the specified form within 14 days after any of its officers becomes aware of the fact that the trade union has received the contributions or donations; and(b) must not expend the contributions or donations until the Registrar has approved the application.(3) The application under subsection (1)(a) or (2)(a) must set out—(a) the particulars of the external force that makes the contributions or donations;(b) the purposes for which the trade union intends to expend the contributions or donations; and(c) any other information required by the specified form.(4) If—(a) the external force makes contributions or donations to the trade union even though the Registrar rejected the application under subsection (1)(a); or(b) the Registrar rejects the application under subsection (2)(a),the trade union must, as soon as practicable, return the relevant contributions or donations to the external force.(5) If the Registrar approves an application under subsection (1)(a) or (2)(a), the trade union may only expend the contributions or donations for the purposes approved by the Registrar.(6) The trade union may make an application in writing to the Registrar for altering the purposes mentioned in subsection (5).(7) However, the Registrar must not approve—(a) a transfer of the contributions or donations to the electoral fund established under section 33A; or(b) the use of the contributions or donations to pay for the expenses referred to in section 33A(1) under section 33B.(8) A registered trade union that contravenes subsection (1) or (2) commits an offence.(9) A registered trade union that contravenes subsection (4) or (5) commits an offence.(10) A registered trade union that commits an offence under subsection (8) or (9) is liable—(a) on summary conviction—to a fine at level 6; or(b) on conviction on indictment—to a fine of $200,000.(11) It is a defence for a person charged with an offence under subsection (8) to establish that, at the time of the alleged offence, the person had a reasonable excuse for contravening subsection (1) or (2) (as the case may be).(12) To avoid doubt—(a) this section does not apply in relation to the contributions or donations received by a registered trade union before the commencement date; and(b) if any purpose mentioned in subsection (3)(b) is one that is mentioned in section 33(1)(j) or (l), the trade union must make an application to the Chief Executive under that section even though it has made an application to the Registrar.(13) In this section—*commencement date (生效日期) means the date on which the Trade Unions (Amendment) Ordinance 2025 (29 of 2025) comes into operation.(Added 29 of 2025 s. 49) Editorial Note: * Commencement date: 5 January 2026. Division 2 Accounts and Returns (Added 29 of 2025 s. 49) 35. Specified officers to render accounts to members (Amended 29 of 2025 s. 50)(1) Every specified officer of a registered trade union must, on resigning or vacating the officer’s office and at least once in every year at the time specified in the rules of the trade union and at any other times at which the specified officer is required to do so by resolution of the voting members of the trade union or by the rules of the trade union, render to the trade union and its members a just and true account of all moneys received and paid by the specified officer during the period that has elapsed since the specified officer assumed office or, if the specified officer has previously rendered an account, since the last date on which the specified officer rendered such account, and of the balance remaining in the custody of the specified officer at the time of rendering such account and of all bonds, securities or other property of the trade union entrusted to the custody of, or under the control of, the specified officer.(2) (Repealed 29 of 2025 s. 50)(3) The trade union shall cause the account to be audited by some person approved for that purpose by the Registrar.(4) After the account has been audited, a specified officer must, if the specified officer is resigning or vacating the officer’s office or if so required by resolution of the voting members of the trade union or by the rules of the trade union (as the case may be), hand over to the trade union such balance as appears to be due from the specified officer and all bonds, securities, effects, books, documents and property of the trade union in the custody of, or otherwise under the control of, the specified officer.(5) If a specified officer fails to hand over such balance or such other things as are referred to in subsection (4) in accordance with that subsection, the trade union or any voting member of the trade union may sue the specified officer in any competent court for the balance appearing to have been due from the specified officer on the account last rendered by the specified officer and for all moneys since received by the specified officer on account of the trade union and for the bonds, securities, effects, books, documents and property in the custody of the specified officer, leaving the specified officer to set off in such action the sums, if any, that the specified officer may have since paid on account of the trade union, and in any such action the plaintiff is entitled to recover full costs of the suit to be taxed as between solicitor and client.(6) In this section—specified officer (指明職員), in relation to a registered trade union, means—(a) the treasurer of the trade union;(b) any other officer who is responsible for the accounts of the trade union; or(c) any other officer who is responsible for the collection, disbursement, custody or control of the funds or moneys of the trade union. (Added 29 of 2025 s. 50)(Amended 29 of 2025 s. 50) 36. Statements of account and returns to be rendered to Registrar (Amended 29 of 2025 s. 51)(1) Every registered trade union must furnish annually to the Registrar, not more than 3 months after the termination of each financial year as specified in the rules of the trade union (or within any further period that the Registrar may grant on written application), a statement of account, audited by an auditor approved by the Registrar, of all receipts and expenditures of the trade union during that financial year and of the assets and liabilities of the trade union. (Amended 15 of 1971 s. 18)(1A) After receiving contributions or donations made by an external force as provided in section 34A, a registered trade union must furnish annually to the Registrar, not more than 3 months after the termination of each financial year as specified in the rules of the trade union (or within any further period that the Registrar may grant on written application), a statement of account, audited by an auditor approved by the Registrar, that contains all receipts and expenditures of the trade union in connection with the contributions or donations during that financial year. (Added 29 of 2025 s. 51)(1B) However, if the contributions or donations mentioned in subsection (1A) have been wholly expended during any financial year as specified in the rules of the trade union, then, starting from the financial year immediately following that financial year, the trade union is no longer required to furnish a statement of account referred to in that subsection. (Added 29 of 2025 s. 51)(1C) A statement of account referred to in subsections (1) and (1A)—(a) must be prepared in the specified form;(b) must contain the specified particulars; and(c) must be accompanied by a report of the auditor who audits the statement of account. (Added 29 of 2025 s. 51)(2) Every registered trade union must furnish to the Registrar on or before 31 March in each year (or within any further period that the Registrar may grant on written application) a return prepared in the specified form showing the membership of the trade union and the names of the officers of the trade union on 31 December in the preceding year and containing any other specified particulars. (Amended 15 of 1971 s. 18)(3) Every member of a registered trade union is entitled to receive free of charge a copy of the statement of account referred to in subsection (1) or (1A) and the secretary or other officer specified in the rules of the trade union must deliver a copy of such statement to every member of the trade union who makes application to the secretary or officer.(4) A registered trade union that contravenes subsection (1), (1A), (1C) or (2) commits an offence and is liable on conviction to a fine at level 4. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 51) Division 3 Records (Added 29 of 2025 s. 52) 36A. Duty to keep records (1) A registered trade union must keep the following records and documents until the expiry of the period specified in subsection (2)—(a) (subject to paragraph (b)) an account book containing the record of each transaction carried out by the trade union, and the verifying documents for the records of transactions;(b) if the trade union has received contributions or donations made by an external force and the contributions or donations have not been wholly expended—another account book containing the record of each transaction in connection with the contributions or donations, and the verifying documents for the records of transactions;(c) a register of members containing the following information in respect of each member of the trade union—(i) the name and occupation of the member;(ii) how the member satisfies the requirements for being a member of the trade union under section 17 and the rules of the trade union;(iii) the type of membership to which the member belongs under the rules of the trade union;(iv) whether the member has paid subscriptions, fees and contributions in accordance with the rules of the trade union; and(v) the date on which the member ceases to be a member of the trade union (if applicable);(d) the minutes of the general meetings of the trade union and of the meetings of the executive of the trade union; and(e) the records of resolutions passed by the officers of the trade union without a meeting.(2) The period is—(a) in relation to the records or documents mentioned in subsection (1)(a) or (b)—2 years after the date on which the financial year (as specified in the rules of the trade union) to which the records or documents relate terminates;(b) in relation to the information mentioned in subsection (1)(c)—2 years after the date on which the member ceases to be a member of the trade union;(c) in relation to the minutes mentioned in subsection (1)(d)—2 years after the date on which the meeting is held; and(d) in relation to the resolutions mentioned in subsection (1)(e)—2 years after the date on which the resolution is passed.(3) A registered trade union that contravenes subsection (1)(a), (c), (d) or (e) commits an offence and is liable on conviction to a fine at level 4.(4) A registered trade union that contravenes subsection (1)(b) commits an offence and is liable on conviction to a fine at level 5.(5) In this section—verifying document (核實文件), in relation to a record of transaction, means a voucher, bank statement, invoice, receipt or any other document that is necessary to verify the record of transaction.(Added 29 of 2025 s. 52) 37. Inspection of records (Amended 29 of 2025 s. 53)(1) The account books and the register of members of a registered trade union must be open to inspection by any officer or member of the trade union or any authorized agent of the trade union at the time and place specified in the rules of the trade union. (Amended 29 of 2025 s. 53)(2) For the purposes of subsection (1), a registered trade union may, in accordance with the rules of the trade union and subject to any other enactment, determine the information that is to be contained in the register of members made available for inspection under that subsection. (Replaced 29 of 2025 s. 53) 38. (Repealed 29 of 2025 s. 54) 38A. Transitional provisions in relation to section 36A—Trade Unions (Amendment) Ordinance 2025 (1) Section 36A(1)(a) does not apply in relation to a transaction that is carried out before the commencement date.(2) Section 36A(1)(b) does not apply in relation to a contribution or donation that is received before the commencement date.(3) Section 36A(1)(c)—(a) does not apply in relation to a person who has ceased to be a member of the trade union concerned before the commencement date; and(b) does not apply, within 1 year beginning on the commencement date, in relation to a person who is a member of the trade union as at the commencement date.(4) Section 36A(1)(d) and (e) does not apply in relation to a meeting that is held, or a resolution that is passed, before the commencement date.(5) In this section—*commencement date (生效日期) means the date on which the Trade Unions (Amendment) Ordinance 2025 (29 of 2025) comes into operation.(Added 29 of 2025 s. 55) Editorial Note: * Commencement date: 5 January 2026. Part VI Rights and Liabilities of Trade Unions 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 may 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 that other person’s capital or of that other person’s labour as that other person wills.(Amended 29 of 2025 s. 56) 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. 43A. Protection from civil suit for acts done in contemplation or furtherance of trade dispute (1) No suit or other legal proceeding may 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— (Amended 29 of 2025 s. 57)(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 that other person’s capital or of that other person’s labour as that other person wills. (Amended 29 of 2025 s. 57)(2) This section applies to an act done on or after the day this section comes into operation*.(Added 77 of 1997 s. 2) Editorial Note: * Commencement date: 27 June 1997. 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. Part VIA Restrictions on Affiliation with Organizations in External Places (Added 29 of 2025 s. 58) 44A. Interpretation of Part VIA (1) In this Part—office-bearer (幹事), in relation to an organization, means the president, vice-president, secretary or treasurer of the organization, or a member of the committee or governing body of the organization, or a person who holds in the organization an office or position analogous to any of those mentioned above;relevant professional organization (有關專業組織), in relation to a registered trade union, means an organization the objects of which are to promote the interests of persons engaged or employed in a trade, industry or occupation that is the same as, or similar to, the trade, industry or occupation with which the trade union is directly concerned.(2) In this Part, a reference to an organization of workers, an organization of employers or a relevant professional organization includes a federation of organizations of that particular type.(Added 29 of 2025 s. 58) 45. Restrictions on registered trade unions being or becoming members of organizations in external places (Amended 29 of 2025 s. 59)(1) A registered trade union must not be or become a member of an organization established in an external place unless—(a) if the organization is an organization of workers, an organization of employers or a relevant professional organization, that is established in a foreign country—the trade union is authorized to be or become a member of the organization by secret ballot of a majority of the voting members present at a general meeting; or(b) if the organization is any other organization established in an external place—(i) the trade union has obtained the consent of the Chief Executive; and(ii) the trade union is authorized to be or become a member of the organization by secret ballot of a majority of the voting members present at a general meeting. (Replaced 29 of 2025 s. 59)(2) A registered trade union must, within 1 month after becoming a member of an organization which is established in a foreign country as provided in subsection (1)(a), notify the Registrar in writing of the fact.(3) (Repealed 29 of 2025 s. 59)(4) Any consent given under subsection (1)(b)(i) may be withdrawn at the discretion of the Chief Executive.(5) Where a registered trade union is or becomes a member of an organization which is established in an external place as provided in subsection (1), it is not necessary for the union to obtain the consent of the Chief Executive for the purposes of section 33(1)(j) in respect of the payment of any contribution by way of a membership fee to that organization.(6) (a) In subsection (1)(a), reference to an organization of workers, an organization of employers or a relevant professional organization, which is established in a foreign country does not include reference to a political organization or body established in a foreign country.(b) Nothing in subsection (1)(b) is to be construed as allowing or providing for a registered trade union to be or become a member of a political organization or body established in an external place. (Amended 23 of 1998 s. 2)(6A) If the Registrar reasonably believes that a registered trade union contravenes subsection (1), the Registrar may serve on the trade union a written notice requiring the trade union to cease to be a member of the organization established in an external place within 14 days beginning on the date of service of the notice. (Added 29 of 2025 s. 59)(7) A registered trade union that contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1.(7A) A registered trade union that fails to comply with a notice served under subsection (6A) commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year. (Added 29 of 2025 s. 59)(7B) It is a defence for a person charged with an offence under subsection (7A) to establish that, at the time of the alleged offence, the person had a reasonable excuse for failing to comply with the notice. (Added 29 of 2025 s. 59)(8) In proceedings for an offence under this section, a certificate signed by an officer of an organization which is established in an external place and stating— (Amended 29 of 2025 s. 59)(a) the objects and qualification for membership of the organization;(b) the place of establishment of the organization; or(c) that a registered trade union is or was at a date or for a period specified in the certificate a member of the organization, (Amended 23 of 1998 s. 2)is admissible in evidence as proof of the matters so stated; and a certificate purporting to be signed by an officer of an organization which is established in an external place is, in the absence of evidence to the contrary, deemed to be such a certificate for the purposes of this section.(9) (Repealed 29 of 2025 s. 59)(Added 135 of 1997 s. 10. Amended 29 of 2025 s. 59) 45AA. Restrictions on officers of registered trade unions being office-bearers of organizations in external places (1) An officer of a registered trade union must not be an office-bearer of an organization established in an external place unless—(a) the trade union is or becomes a member of the organization as provided in section 45(1)(a) or (b);

or(b) the trade union is not a member of the organization, which is not a political organization or body, and the officer has obtained the consent of the Chief Executive.(2) The officer must, within 1 month after beginning to be an office-bearer of the organization as provided in subsection (1)(a), notify the Registrar in writing of the fact.(3) Any consent given under subsection (1)(b) may be withdrawn at the discretion of the Chief Executive.(4) If the Registrar reasonably believes that an officer of a registered trade union contravenes subsection (1), the Registrar may serve on the officer and the trade union a written notice requiring the officer to cease holding office in the trade union within 14 days beginning on the date of service of the notice.(5) If the officer fails to satisfy the Registrar that the officer has complied with a notice served under subsection (4) within 14 days beginning on the date of service of the notice, the Court of First Instance may, on the application of the Registrar—(a) grant an injunction prohibiting the officer from holding office in the trade union;(b) make a declaration that the officer no longer holds office in the trade union; and(c) make an order directing the trade union to hold, in any manner the Court of First Instance directs, a fresh election if an officer has ceased to hold office in the trade union by virtue of this section.(6) An officer who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1.(7) An officer who fails to comply with a notice served under subsection (4) commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(8) It is a defence for an officer charged with an offence under subsection (7) to establish that, at the time of the alleged offence, the officer had a reasonable excuse for failing to comply with the notice.(Added 29 of 2025 s. 60) 45A. Transitional provision in relation to section 45 (1) Section 45 does not apply in relation to a registered trade union’s being a member of an organization which is established in a foreign country in the case where the trade union—(a) became a member of the organization during the period beginning with the commencement* of the Trade Unions (Amendment) (No. 2) Ordinance 1997 and ending with the commencement^ of the Legislative Provisions (Suspension of Operation) Ordinance 1997 (section 3(1) of which suspends the operation of that Ordinance); and(b) has remained a member of the organization continuously since so becoming a member.(2) Section 45 does not apply in relation to a registered trade union’s being a member of an organization which is established in a foreign country in the case where the trade union—(a) was, immediately before the commencement* of the Trade Unions (Amendment) (No. 2) Ordinance 1997, a member of the organization in accordance with section 45 as then in force; and(b) has remained a member of the organization continuously ever since,and section 45 as in force immediately before the commencement* of the Trade Unions (Amendment) (No. 2) Ordinance 1997 shall continue to apply in relation to the trade union’s being a member of the organization as if that Ordinance and the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997 had not been enacted.(3) Section 45 does not apply in relation to a registered trade union’s being a member of an organization which is established in a foreign country in the case where the trade union—(a) was, immediately before the commencement# of the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997, a member of the organization in accordance with section 45 as then in force; and(b) has remained a member of the organization continuously ever since,and section 45 as in force immediately before the commencement# of the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997 shall continue to apply in relation to the trade union’s being a member of the organization as if that Ordinance had not been enacted.(4) To avoid doubt, it is declared that for the purposes of the continued application of section 45 as in force immediately before the commencement of the Trade Unions (Amendment) (No. 2) Ordinance 1997* or the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997#, as provided in subsections (2) and (3)—(a) any reference in that section to the Governor shall be read as reference to the Chief Executive;(b) any reference in that section to a fine of $500 shall be read as reference to a fine at level 1.(5) Reference in subsections (3) and (4) to section 45 as in force immediately before the commencement# of the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997 is a reference to that section as so in force by virtue of section 3(1) of the Legislative Provisions (Suspension of Operation) Ordinance 1997.(6) In this section—Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997 (《1997年僱傭及勞資關係(雜項修訂)條例》) means the Employment and Labour Relations (Miscellaneous Amendments) Ordinance 1997 (135 of 1997);Legislative Provisions (Suspension of Operation) Ordinance 1997 (《1997年法律條文(暫時終止實施)條例》) means the Legislative Provisions (Suspension of Operation) Ordinance 1997 (Cap. 538);Trade Unions (Amendment) (No. 2) Ordinance 1997 (《1997年職工會(修訂) (第 2 號)條例》) means the Trade Unions (Amendment) (No. 2) Ordinance 1997 (102 of 1997).(Added 135 of 1997 s. 10) Editorial Note: * Commencement date: 30 June 1997. ^ Commencement date: 18 July 1997. # Commencement date: 31 October 1997. 45B. Transitional provisions in relation to section 45AA—Trade Unions (Amendment) Ordinance 2025 (1) If, on the commencement date, an officer of a registered trade union is an office-bearer of the organization mentioned in section 45AA(1)(a) as provided in that section, then, in relation to the officer, the reference in section 45AA(2) to “within 1 month after beginning to be an office-bearer of the organization as provided in subsection (1)(a)” is to be construed as “within 1 month after the commencement date”.(2) Subsection (3) or (4) applies to an officer of a registered trade union if—(a) the officer is an office-bearer of an organization established in an external place on the commencement date;(b) the trade union is not a member of the organization; and(c) the organization is not a political organization or body.(3) If—(a) the organization concerned is an organization of workers, an organization of employers or a relevant professional organization, that is established in a foreign country;(b) within 2 months after the commencement date, the trade union becomes a member of the organization as provided in section 45(1)(a); and(c) within 2 months after the commencement date, the officer notifies the Registrar in writing of the fact that the officer is an office-bearer of the organization,section 45AA does not apply to the officer within those 2 months to the extent that the officer is an office-bearer of that organization.(4) If, within 2 months after the commencement date, the officer seeks the consent of the Chief Executive for the officer to be an office-bearer of the organization concerned as provided in section 45AA(1)(b), section 45AA does not apply to the officer to the extent that the officer is an office-bearer of that organization until the Chief Executive has decided on whether or not to give consent.(5) In this section—*commencement date (生效日期) means the date on which the Trade Unions (Amendment) Ordinance 2025 (29 of 2025) comes into operation.(Added 29 of 2025 s. 61) Editorial Note: * Commencement date: 5 January 2026. Part VII Picketing, Intimidation and Conspiracy 46. Peaceful picketing Despite anything in this Ordinance, it is lawful for one or more persons (persons), acting on their own behalf or on behalf of a registered trade union or of an individual employer or firm, in contemplation or furtherance of a trade dispute, to attend at or near a place where a person works or carries on business, if they so attend merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading any person to work or abstain from working: (Amended 29 of 2025 s. 62)Provided that it is not lawful if the persons so attend in such numbers, or otherwise in such manner, as to be calculated to intimidate any person in that place, or to obstruct the approach to, or egress from, that place, or to lead to a breach of the peace, and any person who acts in contravention of this proviso commits an offence and is liable— (Amended 29 of 2025 s. 62)(a) on summary conviction—to a fine at level 4 and to imprisonment for 2 years; or(b) on conviction on indictment—to a fine at level 6 and to imprisonment for 5 years. (Amended 15 of 1971 s. 21; E.R. 3 of 2020; 29 of 2025 s. 62) 47. Intimidation and annoyance (1) Every person who, with a view to compelling any person to abstain from doing or to do any act that such other person has a legal right to do or abstain from doing, wrongfully and without legal authority—(a) uses violence to or intimidates such other person or that other person’s spouse or children, or injures that other person’s property;(b) persistently follows such other person about from place to place;(c) hides any tools, clothes or other property owned or used by such other person, or deprives that other person of the same or hinders that other person in the use of the same;(d) watches or besets the house or other place where such other person resides or works or carries on business or happens to be or the approach to such house or place; or(e) follows such other person in a disorderly manner in or through any street or road,commits an offence. (Amended E.R. 3 of 2020; 29 of 2025 s. 63)(1A) A person who commits an offence under subsection (1) is liable—(a) on summary conviction—to a fine at level 4 and to imprisonment for 2 years; or(b) on conviction on indictment—to a fine at level 6 and to imprisonment for 5 years. (Added 29 of 2025 s. 63)(2) Attending at or near any place in such numbers, or otherwise in such manner, as is by the proviso to section 46 declared to be unlawful shall be deemed to be a watching or besetting of that place within the meaning of this section. (Amended 15 of 1971 s. 22) 48. Conspiracy in relation to trade disputes (1) An agreement or combination of 2 or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be triable as a conspiracy if such act committed by one person would not be punishable as a crime.(2) An act done in pursuance of an agreement or combination by 2 or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.(3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any enactment in force in Hong Kong. (Amended 47 of 1988 s. 3)(4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or any offence endangering national security. (Amended 6 of 2024 s. 155)(5) Where a person is convicted of any such agreement or combination as is referred to in subsection (1) to do or procure to be done any act that is punishable on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed 3 months, or such longer term, if any, as may have been prescribed by the law for the punishment of such act when committed by one person.(6) Nothing in this section shall be construed in any way to limit or prejudice any of the provisions of the Societies Ordinance (Cap. 151). Part VIII Miscellaneous Offences relating to Registered Trade Unions 49. Punishment for withholding money or property of a registered trade union (1) If any officer or any other person being or representing that other person to be a member of a registered trade union or the nominee, executor, administrator or assignee of a member of the trade union or a person of any description, by false representation or imposition, obtains possession of any moneys, securities, books, documents or other effects of such trade union, or having the same in the possession of such officer, member or other person, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such trade union, the District Court, on application made by such trade union or by any voting member of such trade union or by the Registrar, may make an order requiring such officer, member or other person to deliver up to the trade union all such moneys, securities, books, documents, or other effects of the trade union, or to repay the amount of the moneys applied improperly, and to pay to the trade union, if the District Court considers appropriate, a further sum of money not exceeding $25,000 together with the costs of the application, and, in default of delivery of such effects, or repayment of such amount of money, or payment of such penalty and costs, the court may order such officer, member or other person to be imprisoned for any time not exceeding 3 months: (Amended 29 of 2025 s. 64) Provided that nothing in this subsection prevents any criminal proceedings being taken against such officer, member or other person in relation to any matter in respect of which an order was made under this subsection. (Amended 29 of 2025 s. 64) (2) Without prejudice to the provisions of subsection (1), any registered trade union or any voting member of a registered trade union or the Registrar may apply to the District Court for an injunction restraining an officer of the trade union from holding office or controlling trade union funds, and the District Court, if satisfied that there is a prima facie case against such officer for the fraudulent misuse of the funds of the trade union, may grant such injunction. 50. Circulating false copies of rules, etc. (1) Any person who, with intent to mislead or defraud— (Amended 29 of 2025 s. 65)(a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union a copy of any rules, or of any alterations or amendments of any rules, other than those that have been registered for the time being under this Ordinance, on the pretence that such rules are registered or that there are no other rules of such trade union; (Amended 29 of 2025 s. 65)(b) gives a copy of any document purporting to be rules on the pretence that such document contains the rules of a trade union registered under this Ordinance, that is not so registered; or(c) uses any sign, seal or stationery of any unregistered trade union on the pretence that such trade union is registered,commits an offence. (Amended 29 of 2025 s. 65)(2) A person who commits an offence under subsection (1) is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year. (Added 29 of 2025 s. 65)(Amended E.R. 3 of 2020) 50A. Furnishing false or misleading information (1) A person commits an offence if the person, knowing or having reason to believe that any document or information is false or misleading in a material particular—(a) furnishes under this Ordinance the document or information to the Registrar or any person authorized by the Registrar, whether in writing, orally or otherwise; or(b) causes or procures the document or information to be furnished under this Ordinance to the Registrar or any person authorized by the Registrar.(2) A person commits an offence if the person signs any document or information furnished under this Ordinance to the Registrar or any person authorized by the Registrar, knowing or having reason to believe that the document or information contains any statement that is false or misleading in a material particular.(3) A person who commits an offence under subsection (1) or (2) is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(Added 29 of 2025 s. 66) 51. (Repealed 18 of 1977 s. 5) Part VIIIA Enforcement Powers (Part VIIIA added 29 of 2025 s. 67) 51A. Interpretation of Part VIIIA In this Part—authorized officer (獲授權人員) means a public officer authorized under section 51B(1). 51B. Authorizing officers and appointing persons (1) The Registrar may authorize in writing a public officer as an authorized officer for the purposes of this Part.(2) The Registrar may appoint a solicitor, an accountant or any other person the Registrar considers appropriate to assist the Registrar in performing the functions under section 51C. 51C. Powers to conduct inquiries (1) The Registrar or an authorized officer may inquire about a registered trade union for performing the functions of the Registrar under this Ordinance.(2) For conducting an inquiry under subsection (1), the Registrar or the authorized officer may require the trade union, an officer of the trade union or a specified person—(a) to produce, within the period and at the place the Registrar or the authorized officer requires in writing, any document or information that is reasonably necessary for the Registrar or the authorized officer to conduct inquiry;(b) to give an explanation or further particulars in respect of a document or information produced;(c) to attend before the Registrar or the authorized officer at the time and place the Registrar or the authorized officer requires in writing, and answer a question relating to any matter for the inquiry that may be raised by the Registrar or the authorized officer; and(d) to answer in writing, within the period the Registrar or the authorized officer requires in writing, a written question relating to any matter for the inquiry that may be raised by the Registrar or the authorized officer.(3) The Registrar or an authorized officer may, on application made to the Registrar or the authorized officer and on good reason being shown—(a) grant an extension of the period under subsection (2)(a) or (d); or(b) vary the time under subsection (2)(c),at the Registrar’s or the authorized officer’s discretion.(4) A person who fails to comply with a requirement imposed on the person under subsection (2) commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(5) It is a defence for a person charged with an offence under subsection (4) to establish that, at the time of the alleged offence, the person exercised due diligence and failed to comply with the requirement for reasons beyond the person’s control.(6) However, a person is not excused from complying with a requirement imposed on the person under subsection (2) only on the ground that to do so might tend to incriminate the person.(7) In this section—specified person (指明人士) means a person whom the Registrar or an authorized officer reasonably believes to have any document or information relating to an inquiry in that person’s possession, control or custody. 51D. Powers to require verification of explanation, etc. by statutory declaration (1) If a person gives any explanation, particulars or answer in compliance with a requirement imposed under section 51C(2), the Registrar or the authorized officer may, in writing, require the person to verify, within the time specified in the requirement, the explanation, particulars or answer by a statutory declaration.(2) If a person does not give any explanation, particulars or answer in compliance with a requirement imposed under section 51C(2) for the reason that the document or information concerned was not within the person’s knowledge, possession, control or custody, the Registrar or the authorized officer may, in writing, require the person to verify, within the time specified in the requirement, by a statutory declaration, that the person did not comply with the requirement for that reason.(3) A statutory declaration under subsection (1) or (2) may be made before the Registrar or the authorized officer and, for that purpose, the Registrar or the authorized officer is to have full power to administer the statutory declaration. 51E. Use of incriminating evidence in proceedings (1) If the Registrar or an authorized officer requires a person to give an answer to a question or to give an explanation or further particulars under this Part, the Registrar or the authorized officer must ensure that the person has first been informed of the effect of subsection (2).(2) Despite anything in this Ordinance and subject to subsection (3), if—(a) the Registrar or an authorized officer requires a person to give an answer to a question or to give an explanation or further particulars under this Part; and(b) the answer, explanation or particulars might tend to incriminate the person and the person so claims before giving the answer, explanation or particulars,the requirement and the question and answer, or the explanation or particulars, are not admissible in evidence against the person in criminal proceedings in a court of law.(3) Subsection (2) does not apply to criminal proceedings in which the person is, in relation to the answer, or the explanation or further particulars, charged with—(a) an offence under section 50A(1) or (2), 51C(4), 51G(3) or 51H(3) or under Part V of the Crimes Ordinance (Cap. 200); or(b) perjury. 51F. Offences in relation to destruction of documents and information (1) A person commits an offence if—(a) the person destroys, falsifies, conceals or otherwise disposes of, or causes or permits the destruction, falsification, concealment or disposal of, a document or information that the person is required by the Registrar or an authorized officer to produce under this Part; and(b) the person does so with intent to conceal, from the Registrar or the authorized officer, facts or matters capable of being disclosed by the document or information.(2) A person who commits an offence under subsection (1) is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year. 51G. Powers to enter premises of trade unions (1) For performing the functions of the Registrar under this Ordinance, the Registrar or an authorized officer may, at any reasonable time, enter any non-domestic premises occupied by a registered trade union or any branch of the trade union.(2) After entering the premises under subsection (1), the Registrar or an authorized officer—(a) may inspect the record or document kept under section 36A(1) or any other document or information that is necessary for ascertaining whether the requirements of this Ordinance or of the rules of the trade union are complied with;(b) may make copies of the record, document or information;(c) may make any examination or ask any question that is necessary to ascertain whether the requirements of this Ordinance or of the rules of the trade union are complied with; and(d) may seize any thing that appears to be evidence of the contravention of the requirements of this Ordinance or of the rules of the trade union or the commission of an offence under this Ordinance.(3) A person who obstructs or prevents the Registrar or an authorized officer from performing the functions under subsection (1) or (2) commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(4) It is a defence for a person charged with an offence under subsection (3) to establish that, at the time of the alleged offence, the person had a reasonable excuse for obstructing or preventing the Registrar or the authorized officer from performing the functions of the Registrar or the authorized officer. 51H. Powers to enter and search premises with warrants (1) Subsection (2) applies if a magistrate is satisfied by information on oath by the Registrar or an authorized officer that there are reasonable grounds to suspect that there is, or is likely to be, on premises that are occupied by a registered trade union or any branch of the trade union and that are specified in the information—(a) any document or information that may be required to be produced under section 51C; or(b) any thing likely to be or contain evidence of the contravention of the requirements of this Ordinance or of the rules of the trade union or the commission of an offence under this Ordinance.(2) The magistrate may issue a warrant authorizing a person mentioned in the warrant, and any other persons who may be necessary to assist in the execution of the warrant—(a) to enter the premises, if necessary by force, at any time within the period of 7 days beginning on the date of the warrant;(b) to search for, seize and remove any document, information or thing that the person mentioned in the warrant reasonably believes to fall within the description of subsection (1)(a) or (b); and(c) to exercise the powers under section 51G(2).(3) A person who obstructs or prevents the person under subsection (2) from performing the functions under that subsection commits an offence and is liable—(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.(4) It is a defence for a person charged with an offence under subsection (3) to establish that, at the time of the alleged offence, the person had a reasonable excuse for obstructing or preventing the person under subsection (2) from performing the functions under subsection (2). 52. Power to issue notices for contravention of objects or rules (1) If the Registrar reasonably believes that any registered trade union or any officer of the trade union has done, is doing or is about to do an act that is inconsistent with any object or any specified rule of the trade union, or has contravened, is contravening or is about to contravene any specified rule of the trade union, the Registrar may serve on the trade union or on the officer (as the case may be) a written notice requiring the trade union or the officer to cease doing the act or to comply with the rule (as the case may be).(2) If any registered trade union on which, or any officer of a registered trade union on whom, a notice has been served under subsection (1) fails to comply with the notice, the trade union or the officer (as the case may be) commits an offence and is liable—(a) on summary conviction—to a fine at level 4 and to imprisonment for 3 months; or(b) on conviction on indictment—to a fine at level 6 and to imprisonment for 6 months.(3) It is a defence for a person charged with an offence under subsection (2) to establish that, at the time of the alleged offence, the person had a reasonable excuse for failing to comply with the notice.(4) In this section—specified rule (指明規則) means any rule in respect of any of the matters specified in Schedule 2.(Replaced 29 of 2025 s. 68) Part IX Trade Union Federations 53. Application to trade union federations (1) Save as expressly provided below, this Ordinance must apply, in so far as applicable, to a trade union federation as if the component trade unions comprising such trade union federation were individual members of a trade union: (Amended 29 of 2025 s. 69) Provided that the Societies Ordinance (Cap. 151) must not apply to a trade union federation so as to penalize any individual member of a registered trade union merely by reason of being a member of such registered trade union. (2) Save as otherwise provided, every notice, copy of rules or other document required by this Ordinance to be signed, in the case of a trade union, by the secretary or voting members of the trade union, or both, must, in the case of a trade union federation, be signed by the chairperson and one other officer of the trade union federation.(Amended 29 of 2025 s. 69) 54. Provisions as to application for registration of trade union federation In the case of a trade union federation, an application for registration in accordance with section 5 must be signed by the chairperson and one other officer of each of the registered trade unions comprised in the trade union federation, and must be accompanied by a declaration from each of such trade unions, signed by 7 voting members of the trade union, that the application is made with the consent of the voting members of the trade union as declared by a majority of votes taken by secret ballot at a general meeting of the trade union.(Amended 29 of 2025 s. 70) 55. Trade union federation not to be registered unless component trade unions registered No trade union federation shall be registered by the Registrar unless each of the component trade unions comprising such trade union federation is a registered trade union.(Amended 102 of 1997 s. 7) 56. Additions to membership of trade union federations (1) Where a trade union federation has been registered under this Ordinance, no trade union may subsequently enter into any agreement for membership of the trade union federation or be a member of the trade union federation unless— (Amended 29 of 2025 s. 71)(a) (Repealed 102 of 1997 s. 8)(b) application for membership of such registered trade union federation has been submitted to the Registrar in the specified form, which must be signed by the secretary and not less than 7 voting members of the trade union applying for such membership, any of whom may be officers of the trade union, and contain a declaration that such application is made with the consent of the voting members of the trade union as declared by a majority of the votes taken by secret ballot at a general meeting of the trade union;(c) there has been submitted to the Registrar a declaration signed by a majority of the officers of such registered trade union federation signifying consent; and (Amended 13 of 1995 s. 2)(d) the Registrar, having been satisfied that all of the requirements of this Ordinance have been complied with, has signified the Registrar’s consent in writing to such trade union joining in membership with such trade union federation.(2) If any registered trade union, being a member of a registered trade union federation, shall cease to be registered, such trade union shall forthwith cease to be a member of such registered trade union federation.(3) Where, under subsection (1)(d), the Registrar has signified the Registrar’s consent to any registered trade union joining in membership with a trade union federation and, in respect of any declaration made for the purposes of subsection (1)(b) or (c), there has been commission of an offence under section 50A(1) or (2), the Registrar may immediately withdraw such consent.(4) If any trade union, or any person acting for or on behalf of or in the name of a trade union with the consent of the trade union, takes any part in the affairs or business of a registered trade union federation of which such trade union is not a properly constituted member in accordance with this Ordinance and the rules of such registered trade union federation, such trade union or person, as the case may be, commits an offence and is liable on conviction on indictment to a fine at level 5 and to imprisonment for 3 years. (Amended E.R. 3 of 2020)(Amended 29 of 2025 s. 71) 57. Officers of trade union federations Without limiting section 17(2A) and (3), a person must not be an officer of a registered trade union federation unless— (Amended 29 of 2025 s. 72)(a) (i) the person is an officer of one of the component registered trade unions comprising such trade union federation; and(ii) the person is ordinarily resident in Hong Kong; or (Amended 102 of 1997 s. 9)(iii) (Repealed 102 of 1997 s. 9)(b) the person is a voting member of one of the component registered trade unions comprising such trade union federation.(Replaced 18 of 1977 s. 6. Amended 29 of 2025 s. 72) Part X Forms and Regulations 58. Specified forms (Amended 29 of 2025 s. 73)(1) The Registrar may specify all forms that the Registrar considers to be required for the carrying out of this Ordinance. (Amended 29 of 2025 s. 73)(2) A specified form must be published in the Gazette. (Amended 29 of 2025 s. 73)(3)-(4) (Repealed 29 of 2025 s. 73) 59. Regulations (1) Save as provided in section 58 and notwithstanding anything in the rules of any registered trade union, the Chief Executive in Council may by regulation provide for— (Amended 56 of 2000 s. 3)(a) all matters stated or required in this Ordinance to be prescribed;(b) books, registers and forms to be used for the purposes of this Ordinance;(c) the manner in which the accounts of registered trade unions shall be audited and the qualifications of persons by whom they may be audited;(d) the seal, if any, to be used by the Registrar for the purpose of registration of trade unions;(e) inspection of registers and documents kept by the Registrar and the making of copies of entries therein;(f) fees to be charged for inspection and any other service or matter prescribed or permitted by this Ordinance;(g) the due disposal and safe custody of the funds and moneys of a registered trade union;(h) the creation, administration, protection, control and disposal of the welfare and electoral funds of registered trade unions and all matters connected therewith or incidental thereto; (Amended 47 of 1988 s. 7)(i) generally for giving effect to the principles and provisions of this Ordinance.(2) Regulations made under this section may be of general application or limited to any particular registered trade union or class of registered trade unions.(3) Regulations made under this section may provide that any person who, or any registered trade union that, contravenes any of the provisions of such regulations commits an offence and may prescribe penalties for it of a fine not exceeding level 3 and imprisonment not exceeding 6 months. (Amended E.R. 3 of 2020; 29 of 2025 s. 74) Part XI Miscellaneous 60. Delegation of functions (Amended 29 of 2025 s. 75)The Registrar may delegate to any officer of the Registry of Trade Unions, either generally or particularly, such of the Registrar’s functions under this Ordinance as the Registrar considers expedient: (Amended 29 of 2025 s. 75)Provided that a delegation made under this section does not preclude the Registrar from performing at any time any of the functions so delegated.(Amended L.N. 446 of 1994; 29 of 2025 s. 75) 61. Liability of officers of trade union where offence committed by trade union (Amended 29 of 2025 s. 76)(1) Where any offence against this Ordinance or any regulations made under this Ordinance has been committed by any registered trade union, every officer of the trade union is guilty of the like offence. (Amended 29 of 2025 s. 76)(2) It is a defence for an officer charged with the like offence under subsection (1) to establish that the act constituting the offence took place without the officer’s knowledge or consent. (Added 29 of 2025 s. 76) 61A. Standard of proof for defence A person is taken to have established a matter that needs to be established for a defence under section 12C(12), 34A(11), 45(7B), 45AA(8), 51C(5), 51G(4), 51H(4), 52(3) or 61(2) if—(a) there is sufficient evidence to raise an issue with respect to the matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt.(Added 29 of 2025 s. 77) 62. Prosecution deadline for summary offences (1) A prosecution for a summary offence under this Ordinance may only be started before the end of 2 years after the date on which the offence is committed. Note— This replaces the time limit under section 26 of the Magistrates Ordinance (Cap. 227). (2) In this section—summary offence (簡易程序罪行) means an offence triable summarily only.(Replaced 29 of 2025 s. 78) 63. Service of legal process and notices issued by Registrar (1) Every—(a) summons, notice or other document required to be served on a registered trade union in any civil or criminal proceeding; and(b) notice or other document issued by the Registrar under this Ordinance and required to be served on a registered trade union,shall be deemed to be duly served if it is delivered at or sent by registered post addressed to the registered office of the trade union or if it is served personally on any officer of the trade union, provided that such service is otherwise in compliance with the requirements of any relevant Ordinance.(2) Despite subsection (1), whenever the Registrar is required under section 11 or 12B to issue a notice to, and serve the notice on, a trade union, the Registrar may in addition publish the notice in the Gazette and the publication is deemed to be effective notice issued to, and duly served on, the trade union. (Amended 29 of 2025 s. 79)(Replaced 15 of 1971 s. 26) 64. Procedure, etc. upon appeal under Ordinance to Court of First Instance and Court of Appeal (1) Subject to the provisions of this Ordinance, the practice and procedure upon and in connection with any appeal under this Ordinance to the Court of First Instance shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 15 of 1971 s. 27)(2) An appeal shall be from a decision of the Court of First Instance under this Ordinance to the Court of Appeal in accordance with section 14 of the High Court Ordinance (Cap. 4). (Replaced 15 of 1971 s. 27)(Amended 25 of 1998 s. 2) 65. Ordinance not to affect certain agreements Nothing in this Ordinance affects— (Amended 29 of 2025 s. 80)(a) any agreement between partners as to their own business;(b) any agreement between an employer and those employed by the employer as to such employment; or (Amended 29 of 2025 s. 80)(c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. 66. Notification in the Gazette The Registrar must notify the following facts in the Gazette— (Amended 29 of 2025 s. 81)(a) the fact that a trade union has applied for registration under this Ordinance;(b) the fact that a trade union has been registered under this Ordinance or that registration has been refused;(c) the fact that the registration of a trade union has been cancelled;(ca) the fact that the Registrar has appointed a manager or liquidator for a trade union under this Ordinance; (Added 29 of 2025 s. 81)(d) the fact that any change of name, amalgamation or federation relating to any trade union has been registered;(e) the fact that any registered trade union has been dissolved; and(f) the fact that a trade union has withdrawn its application for registration under this Ordinance. (Added 15 of 1971 s. 28) 67. Provisions of certain Ordinances not to apply to trade unions or trade union federations (1) Subject to the provisions of this Ordinance, the following Ordinances do not apply to a trade union or a trade union federation— (Amended 28 of 2012 ss. 912 & 920)(a) the Companies Ordinance (Cap. 622);(b) the Co-operative Societies Ordinance (Cap. 33);(c) the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32). (Amended 28 of 2012 ss. 912 & 920)(2) The registration of a trade union or a trade union federation under any of the following Ordinances is void and of no effect—(a) the Companies Ordinance (Cap. 622);(b) the Co-operative Societies Ordinance (Cap. 33). (Added 28 of 2012 ss. 912 & 920) 68. Result of registration (1) If a trade union is registered under the relevant Ordinance and the same shall become registered under this Ordinance, all of the property and assets of what description soever vested in the trade union by virtue of registration under the relevant Ordinance together with all rights and liabilities, whether present, future, certain or contingent, shall forthwith be deemed vested in the trade union by virtue of its registration under this Ordinance, and all causes of action subsisting, or suits or other legal proceedings pending, by or against the trade union by reason of or arising out of its registration under the relevant Ordinance shall subsist or be continued by or against such trade union by virtue of its registration under this Ordinance. (Amended 28 of 2012 ss. 912 & 920)(2) If any unincorporated association, being a trade union within the meaning of this Ordinance, becomes registered under this Ordinance, all of the property and assets of any description belonging to the members of such association by virtue of their membership or vested in trustees for the members of such association must become vested in the registered trade union on registration together with all rights and liabilities, whether present, future, certain or contingent, and all causes of action subsisting, or suits or other legal proceedings pending, by or against any trustees for the members of such association or any officer or member on behalf of the officer or the member and all other members of such association must subsist or continue by or against such registered trade union in the name under which it is registered. (Amended 29 of 2025 s. 83)(3) For the purposes of this section— relevant Ordinance (《有關條例》) means— (a) the Companies Ordinance (Cap. 32) as in force from time to time before the commencement date* of section 2 of Schedule 9 to the Companies Ordinance (Cap. 622); (b) the Co-operative Societies Ordinance (Cap. 33); or (c) the Companies Ordinance (Cap. 622). (Added 28 of 2012 ss. 912 & 920) Editorial Note:* Commencement date : 3 March 2014. Schedule 1 [ss. 17, 17AA and 17A](Amended 29 of 2025 s. 84)Offences Specified for Purposes of Section 17(2A) and (3) (Added 29 of 2025 s. 84) Part 1 Offences Specified for Purposes of Section 17(2A) (Part 1 added 29 of 2025 s. 84) 1. Any offence endangering national security. Part 2 Offences Specified for Purposes of Section 17(3) (Added 29 of 2025 s. 84) 1. Any offence involving— (Amended 29 of 2025 s. 84)(a) fraud;(b) dishonesty;(c) extortion;(d) membership of a triad society.(Schedule 1 added 15 of 1971 s. 29) Schedule 2 [ss. 18, 18AA, 27, 33A and 52](Amended 29 of 2025 s. 85)Matters for which Provision must be Made in the Rules of Every Registered Trade Union The rules of every registered trade union shall—(a) contain a statement of the name of the trade union and the address of its registered office;(b) declare the whole of the objects for which the trade union is established;(c) subject to the provisions of section 17, declare the conditions under which persons may enjoy—(i) voting membership; and(ii) non-voting membership;(d) make provision for the maintenance of discipline within the trade union, including provision for appeal to the voting members at a general meeting of the trade union against any decision of the executive cancelling the membership of any member or dismissing any officer; (Amended 29 of 2025 s. 85)(e) specify the method of convening and conducting annual general meetings and extraordinary general meetings, and the matters to be presented to the members of the trade union at such meetings, including in the case of annual general meetings the presentation of audited accounts;(f) provide for the appointment and replacement of officers of the trade union;(g) provide that every voting member of the trade union shall have a reasonable opportunity of voting;(h) provide that all decisions in respect of the following matters be taken by decision of the voting members or (if applicable) the members’ representatives of the trade union by means of secret ballot— (Amended 29 of 2025 s. 85)(i) the appointment of members of the executive; (Amended 18 of 1977 s. 7)(ii) change of name of the trade union;(iii) amalgamation of the trade union with any other trade union; (Amended 135 of 1997 s. 11)(iiia) establishing an electoral fund; (Added 135 of 1997 s. 11)(iiib) the payment of any expenses of a kind mentioned in section 33A(1); (Added 135 of 1997 s. 11)(iiic) being or becoming a member of an organization which is established in an external place; and (Added 135 of 1997 s. 11. Amended 29 of 2025 s. 85)(iv) federation of the trade union with any other trade union or with a trade union federation;(i) specify the amount and manner of payment of subscriptions, fees and contributions payable by members of the trade union;(j) (i) subject to the provisions of section 33, specify the purposes to which the funds of the trade union may be applied;(ii) provide for the creation, administration, protection, disbursement and disposal of the welfare fund (if any) and declare the conditions under which any member, or the family of any member, of the trade union may become entitled to any benefit assured thereby;(iii) provide for the administration, protection, disbursement and disposal of the electoral fund, if one is established, and declare the conditions under which money in the fund may be spent. (Added 47 of 1988 s. 8)(k) provide for the custody and investment of the funds (if any) of the trade union, the designation of the officer or officers responsible therefor, the keeping of accounts and the annual, or more frequent periodic, auditing thereof;(l) specify the commencement and termination of the financial year of the trade union;(m) ensure reasonable opportunity for the inspection by members of the trade union of the rules of the trade union, its account books and its registers of members; (Amended 29 of 2025 s. 85)(n) provide for the making, altering, amending and rescinding of the rules of the trade union;(o) provide for the method of dissolution of the trade union and the manner in which the funds thereof shall be disposed of upon dissolution; (Amended 15 of 1971 s. 30)(p) provide for the safe custody of the common seal of the trade union. (Added 15 of 1971 s. 30)