his having ceased work or refused to continue
work
...
This proviso is to remain in the
amended legislation and the Legal Adviser is of
the opinion that it must conflict with the
amendment it is proposed to introduce that no
person shall "take part in" a strike expressed
to be illegal.
12. The Hong Kong Government itself admits
that the amended Ordinance will prove very
difficult of enforcement because the arrest.
my many
A
and prosecution of striking workmen might be
involved. But there is also the possibility
that it will be ineffective for another reason.
In order for the Governor in Council to use his
powers to declare a particular strike or lock-
out illegal presumably at least the initial
steps for the causing of a strike must first
have been taken or it must be apparent that a
strike is to take place. But if at that point
a strike is declared illegal it is possible that
the instigators will escape punishment since at
the stage when they were active the strike
would not have been illegal because it would
not have been declared to be so. Thus the most
guilty parties as they might be would avoid
penalties.
Previous para 4
13.
Background
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