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Forming a trade union

Definition of a trade union

According to the Trade Unions Ordinance (“TUO”) (Cap. 332), “trade union” means any combination the principal objects of which are under its rules the regulating of relations between employees and employers, or between employees and employees, or between employers and employers.

The right to form and join a trade union

  • Article 27 of the Basic Law and Article 18 of the Hong Kong Bill of Rights, as set out in the Hong Kong Bill of Rights Ordinance (Cap. 383), guarantee that Hong Kong residents shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of their interests.
  • The Employment Ordinance (Cap. 57) (“EO”) provides that every employee shall as between the employee and the employer have the following rights:
    • to become a member or an officer of a trade union registered under TUO; 
    • where the employee is a member or an officer of a trade union, the employee may either take part in trade union activities outside working hours or within working hours with the consent of the employer; and
    • to associate with other persons for the purpose of forming or applying for the registration of a trade union in accordance with TUO.
  • EO also provides that any employer, or any person acting on behalf of an employer, shall not:
    • prevent or deter an employee from exercising any of the above rights;
    • terminate the contract of employment of, penalize or otherwise discriminate against an employee for exercising the above rights;
    • include the following conditions or requirements in the terms of employment:
      • If the prospective employee is a member or officer of a trade union, the employee shall undertake to relinquish the membership or office therein;
      • The prospective employee shall undertake not to become a member of, or officer in, a trade union; or
      • The prospective employee shall undertake not to associate with other persons for the purpose of forming or applying for the registration of a trade union.

Application for Union Registration

A trade union must apply to the Registrar of Trade Unions for registration under TUO within 30 days beginning on the date of establishment.

  • Name
    • A trade union must have a distinctive name.  The proposed name of a trade union must not:
      • be identical with the name by which any other trade union, whether existing or having ceased to exist, is or has been registered, or so resemble such name;  
      • 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
      • be inconsistent with the objects or rules of the trade union.
  • Rules
    • A trade union must make rules providing for all the matters specified in Schedule 2 to TUO.  Trade union rules must not be inconsistent with any of the provisions of TUO or its regulations, or with any other rule or the principal objects of the trade union, and the rules must not be contradictory, imprecise or incomprehensible.
  • Promoters
    • A person who has been convicted of an offence endangering national security must not serve as a promoter of any new union registration applications from the date of conviction.  Besides, except with the consent of the Chief Executive in Council, a person who has been convicted of any offence involving fraud, dishonesty, extortion and membership of a triad society must not serve as a promoter of any new union registration applications within the period of 5 years from the date of conviction or discharge from prison, whichever is the later.
    • All promoters are required to sign a declaration (i.e. Appendix B of Form 1) confirming that all the purposes and objects of the trade union are lawful, and that the union will not perform any acts or activities that may endanger national security or are in contravention of TUO and other relevant laws of Hong Kong.  They are also required to provide valid work/employment proof for verification of eligibility status as voting members as stipulated in the proposed trade union rules.
    • If the promoters wish to arrange for an agent to assist with the application, the agent is required to submit an authorization signed by at least two promoters.
    • At least two promoters are required to attend the pre-registration interview.  The Registry of Trade Unions will remind the promoters of the requirements of TUO, the Hong Kong National Security Law and the Safeguarding National Security Ordinance in order to raise their awareness of national security and of the obligation to abide by the law.
  • Registered office and postal address
    • A trade union must have a registered office in Hong Kong and a postal address to which all communications and notices may be addressed (postal address can be the same as the office address).

Promoters of an applicant union may approach the Registry of Trade Unions for advice/assistance on registration matters, such as proposed names and draft rules, as a reference.  No fees will be charged for the registration of a trade union.


Rights of a trade union

A registered trade union has certain rights, including immunity from criminal prosecution and civil suits under certain circumstances. Officers and members of trade unions need to have an understanding of these provisions.  For details, please refer to the Trade Unions Ordinance. The leaflet “Rights, Obligations and Duties of Trade Unions, Trade Union Members and Officers” (498 KB) by the Registry of Trade Unions also contains reference information in this regard.