Trade Union Rights in Hong Kong After the January 2026 Legislative Amendments
This guide to Hong Kong trade union law 2026 explains the changes made by the Trade Unions (Amendment) Ordinance 2025, which took effect on 5 January 2026 and amended the Trade Unions Ordinance (Cap. 332). The amendments tighten the regulation of registered unions, adjust the rules on who may be a member and an officer (including national-security-related disqualifications), and update what every union's constitution must contain. Employees keep the right to join a union and to be protected from dismissal for doing so, while unions face stricter compliance. Here is what employers, unions and workers need to know.
Introduction
Trade unions in Hong Kong have always been closely regulated, and a fresh set of amendments has now reshaped the framework. Understanding Hong Kong trade union law 2026 matters to employers managing a unionised workforce, to union officers responsible for compliance, and to ordinary workers exercising their labour rights HK 2026 protects. The headline is that the Trade Unions (Amendment) Ordinance 2025, in force from 5 January 2026, made significant changes to the Trade Unions Ordinance (Cap. 332), the statute that governs how unions are registered, run and supervised. This is a first plain-English breakdown of what changed and what it means in practice. It is general information; a solicitor can advise on a specific situation.
What changed in January 2026
The Trade Unions (Amendment) Ordinance 2025 (29 of 2025) updated several parts of the Trade Unions Ordinance (Cap. 332). The main themes are:
Membership and residence
The amendments adjusted the rules on who may be a member of a registered union. Historically, membership generally required a person to be ordinarily resident in Hong Kong and engaged in the relevant trade or industry. Under the amended section 17, a person who is not ordinarily resident in Hong Kong but is employed in Hong Kong in a trade with which the union is concerned may also be a member, if the union's own rules allow it. This gives unions some flexibility, but only within their registered rules.
Officers, eligibility and national security
The amendments strengthened the eligibility requirements for those who run unions, including disqualifications tied to specified offences. The Ordinance now refers to national-security concepts (for example "external force" and "external place", defined by reference to the Safeguarding National Security Ordinance) and lists specified offences, including national-security offences and offences involving fraud, dishonesty, extortion or triad activity, that bear on who may act as an officer. The practical effect is closer scrutiny of union leadership.
What a union's rules must contain
The list of matters that must be provided for in every registered union's rules (in Schedule 2 to the Ordinance) was updated. Unions are expected to ensure their constitutions are brought into line, covering matters such as objects, membership conditions, discipline and appeals, meetings, and the administration of funds.
Because these are technical statutory changes, every registered union should review its rules, its membership and its officers against the amended Ordinance, and take advice where anything is unclear.
Employer obligations
For employers, the core duties are found less in the Trade Unions Ordinance than in the Employment Ordinance (Cap. 57), which protects employees' freedom of association. An employer generally must not:
● prevent or deter an employee from joining a registered trade union or taking part in its activities at an appropriate time;
● dismiss, penalise or discriminate against an employee because of union membership or activities; or
● make it a condition of employment that a person does not join a union.
These are serious matters: anti-union discrimination can attract criminal liability and civil remedies. Note, however, that Hong Kong law does not impose a general duty on employers to engage in collective bargaining; voluntary recognition and negotiation remain just that, voluntary. Employers should make sure managers understand the line between lawful workforce management and unlawful interference with union rights.
Employee rights
Workers retain the essential worker rights Hong Kong has long recognised:
● the right to form and join a registered trade union of their choice;
● the right to take part in union activities at appropriate times; and
● protection from dismissal or detriment for exercising those rights, under the Employment Ordinance.
What the amended Trade Unions Ordinance does is regulate the union side of the relationship more closely, including who may lead and belong to a union and how it must be run. Members should expect their unions to be asking for updated information and tightening internal governance as a result.
Common compliance mistakes
● Not updating the union's rules to reflect the amended Schedule 2 requirements.
● Overlooking officer eligibility, including the national-security-related disqualifications.
● Admitting members outside the rules, for example relying on the new non-resident flexibility without the rules actually permitting it.
● Poor fund governance, including failing to administer and account for funds as the Ordinance and the rules require.
● Employer missteps, such as managers discouraging union membership, which can cross into unlawful anti-union conduct.
Union funds and how they may be used
A recurring theme of the Trade Unions Ordinance, reinforced by the amendments, is how a union's money may be used. Registered unions must apply their funds only for the objects allowed by the Ordinance and their own rules, keep proper accounts, and observe restrictions on certain kinds of expenditure. Spending outside the permitted objects, or failing to administer funds, meetings and elections properly, is a common compliance failure and can expose officers to scrutiny. Treasurers and executives should understand exactly what the Ordinance and the rules permit before money is spent.
What unions, employers and workers should do now
For unions: review your registered rules against the amended Schedule 2 requirements, confirm every officer meets the eligibility criteria (including the national-security-related disqualifications), check that your membership matches what your rules actually allow, and tighten governance over funds and elections. Where anything is unclear, take advice rather than guess.
For employers: brief managers on the line between lawful workforce management and unlawful interference with union rights, and make sure HR processes do not inadvertently penalise union members. Remember that there is no duty to bargain collectively, but there is a clear duty not to discriminate against union members.
For workers: understand that your right to join a registered union and take part in its activities is protected, and that you cannot lawfully be dismissed or penalised for exercising it. If your union asks for updated information or changes its rules, that is likely part of bringing itself into line with the amended Ordinance.
FAQ
1. What is the main change for 2026?
The Trade Unions (Amendment) Ordinance 2025, in force from 5 January 2026, amended the Trade Unions Ordinance (Cap. 332), tightening regulation of unions and adjusting membership and officer rules.
2. Can a non-resident join a Hong Kong union now?
A person employed in Hong Kong in the relevant trade may be a member even if not ordinarily resident, but only if the union's own rules allow it.
3. Does my employer have to recognise or bargain with a union?
No. Hong Kong law protects the right to join a union, but it does not impose a general duty on employers to engage in collective bargaining.
4. Can I be dismissed for joining a union?
No. Dismissing or penalising an employee for union membership or activities is unlawful under the Employment Ordinance and can carry serious consequences for the employer.
5. What must a union do to stay compliant?
Review and update its rules against the amended Schedule 2, check officer eligibility, admit members only within its rules, and keep proper governance of its funds.
6. Where can I read the official summary?
The Labour Department has published guidance on the amendments. See the link below, and take advice for anything specific.
7. Are the eligibility rules for union officers stricter now?
Yes. The amendments tightened the requirements for who may act as an officer, including disqualifications connected to specified offences and national-security concepts.
8. Who can help a union check its compliance?
A Hong Kong employment solicitor can review a union's rules, membership and officers against the amended Trade Unions Ordinance and advise on any gaps.
When to contact a solicitor
Union officers should take advice on bringing rules, membership and leadership into line with the amended Ordinance. Employers should take advice before any decision that touches union membership or activities, and workers should seek help if they are penalised for exercising their rights. Early advice avoids both compliance failures and unlawful conduct.
Talk to ask.legal Hong Kong
Need to understand the 2026 trade union changes? Contact ask.legal Hong Kong to be matched with a Hong Kong employment solicitor who can advise unions, employers or workers on compliance and rights.
Sources and further reading
● Trade Unions Ordinance (Cap. 332), as amended by the Trade Unions (Amendment) Ordinance 2025; Employment Ordinance (Cap. 57).
● Labour Department, Trade Unions (Amendment) Ordinance 2025 booklet: https://www.labour.gov.hk/common/public/rtu/TU(A)O2025_booklet_en.pdf
About the author: prepared by the ask.legal Hong Kong editorial team.
Last updated: June 2026.
This article is general information about the law of Hong Kong as at 2026, not legal advice. For advice on your circumstances, consult a qualified Hong Kong legal practitioner.