2
Ordinance No. $ r948.
Illegal striker and lock-outs. 17 & 18
Geo. 5.
C.30, S.I. 5.8(2) (3).
"trade union" and "trade dispute shall have the meanings assigned to them in the Trade Unions and Trade Disputes Oerlinance, 1948,
3. (1) A strike shall be illegal if it has any object other Than or in addition to the furtherance of a trade dispite within the trade or industry in which the strikers are engaged and is a strike designed or calculated to coerce the Government either directly or by indicting hardship upon the community or any substantial portion of the community; and it shall be an offence to commence or to continue, or to apply any sums in furtherance or support of, any such illegal strike.
(2) A lock-out shall be illegal if it has any object other than or in addition to their furtherance of a trade dispute within the trade or industry in which the employers looking-out are engaged and is a lock-out designed or calculated to corrce the Government either directly or by inflicting hardship apon
the community; and it shall be an offence to-conimence or to continue, or to apply any sums in furtherance or support of, any such illegal lock-out.
(3) For the purposes of this section in trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and workmen, in that trade or industry, which is connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of persons in that trade or industry.
(4) Without prejudice to the generality of the expression "trade or industry", workmen shall be deemed to be within the same trade or industry if their wages or conditions of employment are determined in accordance with the conclusions of the same joint industrial council, conciliation board or other similar body or in accordance with agreements made with the same employer or group of employers.
(5) No person shall declare, instigate, incite others to take part in, or otherwise not in furtherance of, a strike or lock-out expressed by this Ordinance to be illegal: Provided that no person shall he deemed to have committed an offence nuder this section or at common law by reason only of his having censeil work or refused to continue work or to accept employment.
(6) For the purpose of this section a strike or lock-out shall not be deemed to be calculated to coerce the Government unless such coercion ought reasonably to he expected as a consequence thereof.
Protection of 4. (1) No person refusing to take part or to continue to Persons take part in any strike or lock-out which is by this Ordinance refusing to take part in
expressed to be illegal shall be, by reason of such refusal or by illegal strikes, reason of may action taken by him under this section, subject to or lock-outs, expulsion from any trade union or society, or to any fine or penalty. or to deprivation of any right or benefit to which he would other- wise be entitled, or liable to be placed in any respect either directly
T7 15 Cico. 5+ C.20, $.2.
or indirectly under any disability or at any disadvantage as compared with other members of the trade union or society, anything to the contrary in the rules of the trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the reference of disputes to arbitration shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has hoon expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade uniou or society such sun by way of compensation or demages as the court thinks just.
I
an offence in
5. (1) No person who is employed in the service of the Breach of Crown under the Government of Hong Kong or by any company compact of firm or person engaged in supplying water, electric current of gas service to be to the public, or engaged in maintaining any public tramway, certain trees. bus service or public ferry, or engaged in maintaining any 38 & 39 Vick telephone or savitary service, shall wilfully break a contract of 496, 14. service with the Crown such company, firm or person ns aforesaid, if he knows or bna reasonable cause to believe that the probable consequence of his so doing, either alone or in combination with others, would, failing the adoption of extraordinary measures, ba to doprive the inhabitants of the Colony or a substantial anmber of them, wholly or to a great extent, of their supply of water, electric current or gas or of the ordinary facilities of transport or of the ordinary telephone or suuitary services.
(2) No person shall wilfully break any contract of service 38 & 39 Vict. if he knows or has reasonable cause to believe that the probable 586, consequences of his so doing, either alone or in combination with others, would, failing the adoption of extraordinary measures, he to endanger human life ar lo enuse serious bodily injury or ta exposo valuable property whether movable or immovable to destruction or serious injury.
(3) For the purpose of sub-section (1) and without Ordinance prejudice to the interpretation of any express term of the agreement No. zo ot other than a term relating to notier, a person who is employed 1927. in the service of the Crown shall be deemed to break his agreement *60). for service under the Crown if he absents himself from duty without leave and without having given to the head of bis department one month's notice in writing terminating with the last day of a calendar month or if be wilfully refuses duty or if he wilfully omits to perform his duly: Provided that the provisions of this sub-section relating to notice shall not apply to any person who is engaged by the day or who is paid daily,
6. Every person who contravenes any of the provisions of Penalties. this Ordinance shall upon summary conviction he liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding six months.