7
1.
2.
3.
LD83/870
A MEMORANDUM on the Draft Bill to amend the Trade Union Registration Ordinance, called the TRADE UNION REGISTRATION (AMENDMENT) Bill 1970, submitted by JOHN REAR, Senior Lecturer in Law in the University of Hong Kong, and J.W. ENGLAND, Deputy Director of the Department of Extra-Mural Studies in the University of Hong Kong.
A draft Trade Union Registration Bill (Amendment) Bill
1970 was sent to us for our comments in the third week of
August 1970. We have considered it and, while agreeing that the majority of the Bill's provisions consist of welcome improvements to the existing legislation relating to the administrative side of the regulation of trade unions, we are deeply concerned, first, that the effect of three proposals contained in the Bill will be to stifle the growth of trade unionism in the Colony and, secondly, that the opportunity has not been taken to clarify and improve the existing law relating to the right to strike and to picket.
We believe that the growth of a strong, responsible trade union movement is essential to the achievement of social justice in Hong Kong and to the Colony's peaceful development.
In our view, justice on the shop floor, a fair balance between profits and wages and conditions of work, cannot be achieved simply by the passage of labour legislation enforced by a Government inspectorate. No inspectorate, however efficient, can hope to secure full observance of penal labour laws. Enforcement must
ultimately come through the unity of employees in resisting illegal practices. To this end we believe trade unions are essential. Further, we view with grave apprehension a situation in which legal channels for collective bargaining and the peace- ful settlement of disputes are being closed. We agree with Lord Wright's statement in Crofter Harris Tweed v. Veitch that: "The right to strike is an essential element in the principle of collective bargaining". With this we couple the right peacefully to picket, whereby workmen can secure support for their cause. The right to strike is essential to counteract the overwhelming economic strength of Hong Kong's employers. Trade unions are essential to the organisation of the work force in bargaining for better pay and conditions and to counterbalance the political and economic influence of the employers. Unless the rights to strike and picket are clearly defined and protected by law and unless the growth of trade unions is fostered we see little hope for long term industrial peace in Hong Kong. The threat to public order constituted by industrial disputes was clearly demonstrated in 1967, and the subsequent passage of protective labour legislation appears to have recognised this fact. But even if joint consultation becomes more common, there will still be industrial discontent which will require legal outlets for its expression. The amendments in this draft Bill are all the more of concern to us because they appear to close these outlets and hit at the basis of collective bargaining, thus in the long term increasing rather then diminishing the risk of a break down in public order.
Failure to clarify the law and extend its safeguards
We are dismayed that no steps have been taken in this draft Bill to clarify the law relating to the rights to strike end to picket. Some of the difficulties and obscurities in the present law were pointed out by one of us in two recent articles published on July 30 and 31 in the South China Morning Post. Copies of these articles are attached to this memorandum. While admitting that this is a difficult branch of the law and that there is room
!
2/