1948-HKRS29-8-15_Part01 — Page 29

Peaceful ricketing.

Unlawful pussession

of directions

from trade

ansננננ

stabliskal outside the Colony.

Reference of disputes to arbitration

tribunal and constitution of tribunal.

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(i) persistently follows such other person about from

place to place; or

(iii) hides any tools, clothes or other property owned or need by such other person, or deprives him of or binders him in the use thereof; or

(iv) watches or besets the house or other place where such other person resides or works or carries on business or huppens to be or the approach to such house or place; or

(v) follows such other person with two or more other persons in a disorderly mauner in or through any street or road;

shall be guilty of an offence punishable on summary conviction with a fine not exceeding one thousand dollars or with imprison- ment with or without hard labour for a term not exceeding six months.

33. Notwithstanding anything contained in this Ordinance, it shall be lawful for one or more persons acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute to attend of or acar a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, ar of peacefully persuading any person to work or abstain from working.

34. (1) No person shall without lawful authority or excuse have in his possession any document which purports or appears to be a directión 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.

(2) The provisions of this section shall not apply to any direction or notice issued or given on behalf of or in the unme of any trade union which is established within the Colony if the trade union which is established within the Colony is with the consent of the Governor in Council affiliated or connected with the trade union which is established outside the Colony,

35. (1) The Cluvernor may, where a trade dispute exista or is apprehended, refer the matter with the consent of both parties

to an Arbitration Tribunal to ha appointed by the Governor.

(2) The Tribunal shall be constituted of either-

(i) a sole arbitrator to be agreed upon by both

parties to the dispute; or

(ii) an arbitrator to be agreed upon by both parties to the dispute assisted by one or more assesBOTH nominated by or on behalf of the employers concerned and an equal number of asscaaurs nominated by or on behalf of the workmen concerned: Provided that the award abull be made and issued by the arbitrator only.

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(8) If there are existing in any trade or industry arrange- ments for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organisations of employers and organisa- tions of workmen representative respectively of substantial proportions of the employers and workmen engaged in that trade or industry, the Governor shall not, unless and until there has been a failure to obtain a settlement by means of those arrange- monts, refer the matter for settlement in accordance with the foregoing provisions of this section. Chapter XXIV of the Code of Civil Procedure (which provides for reference to arbitration) shall not apply to any proceedings of an Arbitration Tribunal under this Ordinance or to any award issued by it.

38. (1) Whenever the Tribunal consists of an arbitrator, Vacancies assisted by nasessors and any vacancy Decurs in the number of the

Tribuoal assessors the Tribunal may in the discretion of the arbitrator either act notwithstanding such vacancy or consent to another assessor being nominated and appointed to fill sach vacancy.

(2) No act, proceeding or determination of the Tribunal shall be called in question or invalidated by reason of any such

vacancy.

37. Any award of an Arbitration Tribunal shall be submitted Publicanon to the Governor who shall as soon as possible thereafter cause the of award- same to be published in such manner as he thinks fit.

award.

38. If any question arises as to the interpretation of any Interpreta aword of au Arbitration Tribunal, the Governor or any party to fan of the the award may apply to the Tribunal for a decision on such question, and the Tribunal shall decide the matter after hearing the parties or without such hearing provided the consent of the parties has been first obtained. The decision of the Tribunal shall be notified to the parties and shall he deemed to form part of and shall have the same effect in all respects as the original award.

39. For the purpose of dealing with any matter referred to Evidence.. it an Arbitration Tribunal shall have full power by order enforce- able in like manner as an order of the Supreme Court to require any person to furnish, in writing or otherwise, such particulars in relation to such matters as the Tribunal may require, and where necessary to attend before the Tribunal and give evidence on oath or otherwise, and to require the production of documents, so as to elicit all such information us in the circumstances may be considered necessary, without being bound by the rules of evidence in civil or criminal proceedings: Provided always that, if any witness objects to answer any question on the ground that it will tend to incriminate him or any other lawful ground, he shall not be required to answer the question nor be liable to any penalties for refusing to answer.

40. It abull be in the discretion of an Arbitration Tribunal Appearance to permit any interested person to appear by counsel or soliciter on of counsel any proceedings nuder this Ordinance before such Tribunal. or solicitor,