-3A B A 4. The Applicant is a trade union founded in 1968 and B registered under the Trade Union Ordinance (Cap 322). Membership of C C the Applicant is by application and subject to the approval of the D E Executive Committee which comprises 12 elected members. There are 6 classes of members, namely, Full Members, Associate Members, PR D E Members, Trainee Members, Retired Members and Life Members. Only F G full members may be issued a “Press Card” by the Applicant. Rule 3(1) of the Applicant’s Constitution states that the union is open to any person F G employed as a journalist, photographer or artist in news organisations, H I and others who earn their income from journalism. Eligibility for full membership is stated in Rule 3(2)(A) as follows: “Those earning the majority [ie over 50%] of their income from journalistic work. Journalistic work for this purpose is defined as employment as a journalist or photographer or artist on newspapers, periodicals, domestic and international news agencies, radio, television or digital news platforms; as a full-time freelancer; or as a person employed in the pre-service and in-service training of journalists, in Hong Kong”. J K L M N 5. It is further stated in the Applicant’s complaint to the Ombudsman1 that: “The Executive Committee must satisfy that an applicant is working for a news organisation and earning more than half of his/her salary from the job. In deciding the business nature of an applicant’s employer, the Executive Committee will consider the originality, diversity and frequency of updating of the news content it is providing. Office visits and meetings with the employers have been done to verify. In doubtful cases, applicants have also been asked to provide published materials, salary proof or tax return to prove their major income source.” [sic] O P Q R H I J K L M N O P Q R S S T T 1 U V See §9 below. U V