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Rights
and Duties of Trade Union Members
Statutory
Rights of Trade Union Members
Apart from the protection accorded by the EO against acts of anti-union
discrimination, trade union members of a registered trade union
have the following rights under the Trade Unions Ordinance (TUO):
Protection
from criminal prosecution or civil suit
- Trade union members / officers are immune from civil suits
for certain acts done in contemplation or furtherance of a trade
dispute.
- Although the purposes of a trade union may be involved in
restraint of trade, trade union members are not liable to criminal
prosecution for conspiracy.
- It is lawful for trade union members, in contemplation or
furtherance of a trade dispute, to attend a picket line in a
peaceful and lawful manner.
Inspection of
union documents
- Trade union members or their authorized agents have the right
to inspect the account books and membership register of the
union at such times and in such place as specified in the union
rules.
- They may also apply to the Registrar of Trade Unions in writing
for inspection free of charge of any documents required by law
to be filed with the Registrar that are related to the union,
e.g. annual statements of accounts, annual returns of membership,
lists of union officers, and the registered union rules.
Other
Statutory Rights
Other statutory rights of trade union members under the TUO:
- Take legal action against any officer of the union concerned
for wilfully withholding or misapplying union funds or property,
and apply to the District Court for an injunction restraining
the union officer from holding office or controlling trade union
funds.
- Appeal to the Court of First Instance of the High Court against
the Registrar of Trade Unions on such decisions or actions as
cancellation of the registration of a trade union and refusal
to register the altered rules / name of a union.
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