Labour Relations

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.