9. The amending legislation submitted by Hong
Kong is concerned with Section 3, and no
Hong Kong's Proposed Amending Legislation
amendments are proposed to Section 5. It
would empower the Governor-in-Council, by
notice in the Gazette, to declare a strike or
It
ement
lock-out illegal, thereby removing the
uncertainty noted in paragraph 5 above.
would also make it an offence to take part in
an illegal strike or lock-out (only inciti
others to take part is an offence under
existing legislation see paragraph 3(c)
above).
S
10. This amending legislation is unsatisfac-
tory in that :
(a) No consideration would appear to have
been given to incorporating any of the
features of the model legislation.
Hong Kong should be asked to include
amendments allowing for the collective
withdrawal of labour by a trade union
(in Section and providing for the
posting of notices by employers
(paragraph 6(i) and (iii) above).
There does not appear to be any
strong argument for requiring the
period of notice laid down in the
model legislation (15 days) to be
uniformly applied throughout
dependent territories and I consider
that we need not ask Hong Kong to
reconsider its provisions in this
respect.
(b) No machinery is provided for the
settlement of trade disputes in
essential services, and it is
important that such machinery should
/ be
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