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limited restriction on strike action, i.e. a requirement that certain procedures must be followed before a strike can take place, would not usually be regarded as a
contravention of the relevant International Labour Conventions (Nos. 87 and 98).
20. Apart, therefore, from the usual provisions for dealing with strikes and lock-outs in essential services which ought to be proceeded with quickly (including compulsory notification of disputes, compulsory
conciliation and restrictions on strike action for a limited period, terminating if necessary in compulsory arbitration), the trade disputes legislation should be revised to provide
(a) that the Commissioner of Labour may
A
institute concilation proceedings in any trade dispute of which he becomes aware, whether or not he has received a request from the parties,
(b) that the Commissioner of Labour has powers to
compel the parties to attend conciliation proceedings.
21. The interesting suggestion has been made that employers should be required to inform their workers and the Department of Labour in advance before effecting any change in defined conditions of service. Without closer knowledge of how this provision has worked in India, it is difficult to determine the value and effectiveness of such a requirement under Hong Kong conditions. On balance, my view would be that it would result in a voluminous collection of material among which it would be next to impossible to identify particular changes which might be a source of difficulty. Moreover, 21 days notice as in Indian law would seem likely to reduce the flexibility of working arrangements on which much of Hong Kong's success in the export field depends. But the idea certainly merits further consideration.
22.
The framework of a comprehensive industrial relations ordinance, incorporating some of the matters referred to above, is already the subject of local discussion and this should be proceeded with as a matter
of urgency.
/ Picketing
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