and the redress of grievances.
(I am enclosing for
ease of reference copies of the relevant despatches and their accompanying memoranda and draft texts, i.e. Circular Despatch No.629/60 of 13 June, 1960 and Circular Despatch No.505/61 of 17 May, 1961).
3. Seen against this background, and the assurance
of the Commissioner of Labour to the Legislative
Council on 20 December 1967 that permanent legislation was intended inter alia to protect the interests of
those involved in genuine trade disputes, the legis-
lation now put forward for consideration has, in my
view, certain serious deficiencies.
4. Its purpose is solely to amend the provisions of Section 3, under which a strike or lock out having an
object other than or in addition to the furtherance of
a trade dispute can be declared illegal. The se
Trache provisions are based on the United Kingdom Disputes Act of 1927 (introduced after the General Strike of 1926 and now repealed) and have never been invoked. Moreover
you have commented in your saving despatch under
reference that it is difficult to conceive of
circumstances in which, even as amended, they might be, of practical value in view of the difficulties of
enforcement. It must therefore be on the strength
of their deterrent value that it is proposed to retain them as part of Hong Kong's permanent legislation. I recognise that they could have such value in the present circumstances of Hong Kong. While I would greatly prefer to see such provisions dropped from permanent legislation, I would be prepared to accept that for the present they should be retained if on
musi~ further reflection you feel that you might maintain
your recommendation to this effect. But I regard
the extension of the penal scope of the Ordinance without any specific countervailing provision for settling any disputes that might arise, as a defect of a major kind which would seem at once to invalidate the Ordinance as a piece of permanent legislation.
This view seems to be shared by some local employers since during my Labour Adviser's visit in February
1969 it was indicated by members of the Employers Federation that it was a matter for regret that what
/was being
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