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W(B)L 51-7406
be established for these services
if the right to strike is to be
severely curtailed. This point, and
Should Section 3
be retained?
the related issue of whether the
Section 3 powers to prohibit strikes
should be retained, is discussed in
paragraphs 12-16 below.
11. In addition there are defects in the
proposed amendments to Section 3. In
particular, the Labour Adviser has pointed out (and Legal Advisers have confirmed) that the
amendment making it an offence to "take part
in" an illegal strike is in conflict with the
existing proviso that no one shall be deemed
to have committed an offence by reason only
of his having ceased work or refused to
continue work. It is also puzzling that the
Governor-in-Council's powers to declare
strikes illegal can apparently be exercised
only after a strike has started and not in
relation to a threatened strike.
points will have to be brought to Hong Kong's
notice.
These
12. The policy issue of whether Section 3
should be retained in the legislation at all
has not been argued by Hong Kong and it is
perhaps doubtful whether it was even closely
examined. As already pointed out, this
section has never been invoked; and in
the' forwarding his proposals for amending the
legislation the Governor commented that, even
as amended, "it is difficult to conceive the
circumstances in which it might be of actual
practical value in view of the difficulties
The case for retaining
of enforcement".
these provisions is examined below.
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