Hay Ka Telégraft
ка
1 Jul 1970
Strike laws dep rive workers
of rights, says unionist
-X01
board
* 0720
JONGKONG'S labourera
I legislation
legislation regarding the right to strike has come under sharp criticism by a leading trade union- ist, who says it prejudices the building of strong trade unions in the Colony.
He is Mr Leong Fook-kee, Chief Organiser in Hongkong of the Asian Regional Organisation of Textiles Workers.
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He said that current laws regulating strikes made it impossible for unions to serve the workers properly.
Mr Leong urged the repeal of the second paragraph of Section 46 of the Trade Union Registration Ordinance and advocated the establish- - 'ment of an arbitration court to deal with future industrial disputes.
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"The court would eliminate much of the potential for strike situations by dealing efficiently with labour prob- lems before they reached the crisis stage," he said.
***
120W
A
como adi gaitsesterol
No violence
am certain that, if the union had been able to pre- sent its case in the Great Eastern strike, violence would never have resulted.
"On the afternoon of June 13, when the first busload of workers was brought to the factory, the pickets presented their case and there was no violence It was only when a. second bus assisted by police started to cross picket lines without regard to the legitimate rights of the strikers that there was a pro- blem.
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"Workers who were merely trying to exercise their rights under the first paragraph of Sec 46, were beaten up and
with b charged
obstruction under the second paragraph of the same law
"The second paragraph thus makes the first part unen- forceable and endangers the workers' right to strike."
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management and one for labour," he said. in in
Referring directly to Sec 46, Mr Leong stated: "If 'police can intervene
labour disputes and implant this law to the advantage of imanagement, the function of the trade union to negotiate behalf of the working people cannot be carried out."
on
Denial
He recalled that, in the case of the Great Eastern Ltd strike at Kun Tong, police attempted to escort a sealed bus through picket lines, "denying the strikers the right of presenting their case to would-be strikebreakers."
The Cotton Industry Wor- kers General Union, which struck at the Great Eastern plant on June 12, is a local affiliate of the AROTW
of
Mr Leong served as an ad- viser to the CIWGU through- out the Kun Tong dispute.
In the first paragraph Sec 46, workers are granted the right to "peacefully per- suade" at the scene of a strike. But the second part of Sec 46 prohibits pickets from obstructing entrance to or exit from a plant. -
It is the latter part to which Mr Leong objects, since management and police, he claims, have interpreted it to mean police
escort may ni"scabs" through picket lines. Mr Leong believes it essen- nitial that pickets be allowed to - confront would-be strike- breakers in order to serve their legitimate purpose "peaceful persuasion”.
oal "If the union
5)
of
cannot pre-
sent its case, what is the point
of going out on strike?" he
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While the strike was the last resort, he said, a strong union movement could not be built unless the right to strike were guaranteed.
Mr Leong believes current legislation does protect workers from
,"anti-union employers",
not
Such employers, he says, may serve notice on an em- ployee, terminating his em- ployment, without giving any justification.
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"A labour court, empower- ed with the right of arbitra- tion in cases of wrongful dis- missal, is essential," he said.
Dismissal VEL SOX
"At present, an employee dismissed because of his union activities has no re- course."
The Great Eastern strike is known to have been pre- cipitated by the summary dismissal of the vice-chair- man of the factory's branch of the CIWGU. That worker was later reinstated.
.. The workers,
a union .or management could take case to the court and get a rapid impartial decision, thus lessening the possibility that a minor incident would lead to a strike.
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Mr Leong wants the labour court to be independent of Government and to be scru- pulously impartial.
He admitted there might be difficulties in Hongkong in finding qualified judges. But he pointed out that Singapore had brought in an outsider to preside over its Arbitration Court and this had been perience.
a successful ex.
I
In cases which concerned an entire factory, workers could choose, by secret ballot, which unions or what persons should represent them.
Mr Leong stressed the procedures of the court must be kept simple "so as not to prejudice either party, the disagreements must be speedily resolved.
"If workers, and manage- ment, are able to get justice rapidly in the labour court, it will be a large factor in promoting the
of growth responsible trade unions."
While he acknowledged that many unions are now pre- occupied with political issues, he thought legislative reforms and a labour court would enhance the stature of those unions which concerned themselves directly with the problems of the workers, since they would be able to "serve
and gain, his,
the worker confidence."
1..
Political
Those unions which existed merely to promote a political point of view would cease to exist..
Mr Leong, 30, is considered to be one of the only pro- fessional union organisers in Hongkong.
:
A native of Singapore, he has held his present posi- tion here for five years.
He has been active in union organising for nearly a decade.
Before coming to Hongkong he worked as an organiser for the International Con- "The court should not admit federation of Free Trade
+
"The role" of the police solicitors, but it should have
elisaid.
two
should be one of maintaining
law and order not of act- ing on behalf of management
of
or labour.
assessors
Unions.
.one for
-Richard Goldensohn.
27
PA518