Hong Kong Ordinances

TRADE UNIONS ORDINANCE - SECT 2

Interpretation

In this Ordinance, unless the context otherwise requires-

"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, chairman, vice-chairman, secretary or treasurer thereof;

"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)

"injury" (損害), for the purposes of Part VII, includes injury to a person
in respect of his business, occupation, employment or other source of income,
and includes any actionable wrong;

"intimidation" (恐嚇) , for the purposes of Part VII, means to cause in the
mind of a person a reasonable apprehension of injury to himself or to any
member of his family or to any of his dependants or of violence or damage to
any person or property;

"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 him in consequence of a dispute, done with a
view to compelling those persons, or to aiding another employer in compelling
persons employed by him, to accept terms or conditions of or affecting
employment;

"officer" (職員), in relation to a trade union or a branch of a trade union
or a trade union federation, includes any member of the executive thereof, but
does not include an auditor;

"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 thereof 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)

"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 the head office thereof;

"Registrar" (局長) means the Registrar of Trade Unions appointed under
section 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 their
employer 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;

"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 registered
trade union entitled to vote for any purposes under the rules of the
trade union;

"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.

"branch" (分會)

"electoral fund" (選舉經費)

"employee" (僱員)

"executive" (理事會、理事)

"funds" (經費)

"injury" (損害)

"intimidation" (恐嚇)

"lock-out" (閉廠)

"officer" (職員)

"paid staff" (受薪人員)

"register" (登記冊)

"registered" (已登記、登記)

"registered office" (已登記辦事處)

"Registrar" (局長)

"strike" (罷工)

"strike benefit" (罷工利益)

"trade dispute" (勞資糾紛)

"trade union" (職工會)

"trade union federation" (職工會聯會)

"voting member" (有表決權會員)

"welfare fund" (福利經費)