76A
4
behalf of such trade union to any person or persons with regard to any action by such person or per- sons within the Colony, unless it is proved that such direction or notice () was issued without the knowledge of any officer of such trade union or (2) was not intended as a direction or notice with regard to any action by such person or per- sons within the Colony.
(5) No person shall on behalf of or in the name of any trade union which is established outside the Colony give or attempt to give, directly or indirectly, any direction or notice to any person or persons with regard to any action by such person or persons within the Colony.
(6) No person shall without lawful authority or excuse have in his possession any document which purports or appears to be a direction or notice on behalf of or in the name of any trade union which is established outside the Colony with regard to any action by any person or persons within the Colony.
(7) In any prosecution under this section the onus of proving that any organization in question was not a trade union, or that any organization in question was not a trade union which was established outside the Colony, shall lie on the defendant.
a
8. It shall not be lawful to apply any of the funds of Trade union any trade union to any politica purpose outside the Colony, funds not to and no person shall require or invite any member of be used for trade union or any other person to make any contribution political pur- to the funds of any trade union for any political purpose the Colony. outside the Colony.
poses outside
application
9. Without prejudice to the right of any person having Restraint of a sufficient interest in the relief sought to sue or apply for an injunction to restrain any application of the funds of a trade union in contravention of the provisions of this Ordi- nance, such an injunction may be granted at the suit or upon the application of the Attorney General.
of funds of trade unions, etc., in con- travention of Ordinance.
10. Every person who contravenes any of the provi- Penalties. sions of this Ordinance shall upon summary conviction be liable to a fine not exceeding five hundred dollars and to imprisonment for any term not excceding six months.
Objects and Reasons.
1. The main object of this Ordinance is to arm the Colony against strikes, like the general strikes of 1922 and 1925, which are designed or calculated to coerce the Government by inflicting hardship upon the community. It is also intended to strengthen the law against intimida- tion, and to free Hong Kong trade unions from the risk of being dominated by organizations outside the Colony, It deals also with illegal lock-outs. It is based chiefly on the Trade Disputes and Trade Union Bill, which is at present being considered in Parliament, and on certain Sections in the Conspiracy and Protection of Property Act, 1875.
2.-(1) The definition of "strike" in section 2 is copied from clause 8 (2) of the English bill.
(2) The definition of "trade union'
"" gave rise to some difficulty, the English definitions being complicated by the legislative history of trade unions in England. The definition which has been adopted in the Ordinance is based on that in section 16 of the Trade Union Act Amendment Act, 1876, 39 & 40 Vict. c. 22. In the peculiar circumstances of Hong Kong it has been consi- dered unnecessary at present to follow that definition in its application to combinations of employers and to com- binations for imposing restrictive conditions on the conduct