The Trade Unions (Amendment) Bill 2025 (the "Bill") was passed by the Legislative Council on 25 June 2025 and will come into operation on 5 January 2026. The Bill amends the Trade Unions Ordinance (Chapter 332) with the aim to better safeguard national security and enhance the regulatory regime for trade unions in Hong Kong.
In particular, the Bill strengthens the Registrar of Trade Unions' statutory powers. For example, the Registrar may:
- reject applications for trade union registrations or mergers on national security grounds;
- impose restrictions on trade unions receiving and using contributions from external forces (briefly explained below);
- regulate trade unions' membership in external organisations;
- appoint managers to take over trade union property pending appeals against cancelling registrations of such trade unions; and
- adjust penalties for offences under the Trade Unions Ordinance.
"External forces" carries the meaning given in section 6 of the Safeguarding National Security Ordinance. In essence, the term covers foreign governments, authorities, political parties, international organisations and their related bodies or individuals.
Additionally, individuals who are convicted of an offence specified in Part 1 of Schedule 1 of the amended Trade Unions Ordinance (i.e. any offence endangering national security) will be permanently prohibited from signing an application for registration of any trade union or holding office in any registered trade union. Individuals who breach these prohibitions may face, upon conviction, a fine of HK$50,000 and up to three years' imprisonment.
Employers in Hong Kong should take note of these changes and proactively review their policies relating to employee associations and trade unions (if any), to mitigate potential risks such as reputational harm.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
