Ordinance
No. 8 n 1948.
Illegal strikes
and lock-out.
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Geo. 5.
C.20, 5.I, 3,8(2) (3).
Protection of Persons refusing to take part in illegal strikes, or lock-outs,
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"trade union" and "trade dispute shall have the meanings assigned to them in the Trade Faiona and Trade Disputes Oerliance, 1948,
3. (1) A strike shall be illegal if it has any object other Than or in addition to the furtherance of a trade dispute 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 inflicting 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.
(3) A lock-out shall be illegal if it bas any object other than or in aldition to their furtherpuce 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 coerce the Government either directly or by inflicting hardship upon the community; and it shall be an offence to commence or to continue, or to apply any sums it 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 conditious 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 consequence thereof.
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4. (1) No person refusing to take part or to continue to take part in any strike or lock-out which is by this Ordinance espressed to be illegal shall be, by reason of such refusal or by reason of any action taken by hini under this section, subject to expulsion from any trade union or society, or to any fine ar 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
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or indirectly under any disability or at any disadvantage as conured 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 union or society such sun by way of compensation or damages as the court thinks just.
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5. (1) Na person who is employed in the service of the Breach of Crown under the Government of Hong Kong or by any company contract of firm or person engaged in supplying water, electric current or gas an offence in to the public, or engaged in maintaining any public tramway, cermin enses. bus service or public ferry, or engaged in maintaining any 38 & 39 Vict telephone or sanitary service, shall wilfully break a contract of 4.96, 14. service with the Crown such company, firta or person as aforesaid, if he knows or una 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, be to deprive the inhabitants of the Cology or a substantial number 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 sunitary services.
(2) No person shall wilfully break any contract of servien 38 & 39 Viet. if he knows or has reasonable cuuse to believe that the probable *, *.S. consequences of his so doing, either alone or in cambiuotion with others, would, failing the adoptim of extraordinary measures, be to endanger human life ar lo cause acrious bodily injury or ta esposo 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. 10 ot other than a term relating to notice, a person who is employed 1927, in the service of the Crown shall be deemed to break his agreement
1001). for service under the Crown if he absents himself from duty without leave and without having given to the head of his department one month's notice in writing terminating with the last day of a calendar month or if he wilfully refuses duty or if be wilfully omits to perform hia duty: 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.