1975-HKRS28-16-23_Part03 — Page 39

Darmlag of

coolar-off period order.

Proceedings

for GODERETIM.

&

take part in the trade dispute in consequence of which the order is made.

within the area of employment specifled in the order or any part of that area; or

(8) contravene any requirement under subsection (2)(c),

shall be guilty of contempt und may be dealt with in like manner as if be had been guilty of contempt of the Supreme Court.

(4) In this section-

"irregular industrial action short of a strike" means any concerted course of conduct (other than a strike) which, in contemplation or furtherance of a trade dispute,~~

(a) is carried on by a group of employees with the intention of preventing, reducing or otherwise interfering with the production of goods or the provision of services; and

(b) in the case of some or all of them, is carried! on in breach of their contracts of employment or in breach of their terms and conditions of service;

"lock-out' means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a trade dis pute, done with a view to compelling those persons, or to aiding.. another employer in compelling persons employed by him, to accept "i terms or conditions of or affecting employment;

"strike" mean-

(a) the cessation of work by a body of persons employed acting in

combination; or

(b) a concerted refusal, or a refusal under a common understanding, of any number of persons employed, to continue to work for an employer in consequence of a trade dispute.

done as a means of compelling-

their employer or the employer of any other person or body of

perkona; or

(ii) any person or body of persons employed,

to accept or not to accept terms or conditions of or affecting employ.

ment.

36. (1) Subject to subsection (2), the initial period during which an order under section 35 may remain in force ahall be a period not exceed. ing 30 days from the date it is to lake effect.

(2) The Governor in Council may, if he thinks it is desirable to do so, extend the period of effect of an order under section 35 to a period not exceeding 60 days in the whole.

(3) If the period of effect of an order under section 35 is extended under subsection (2), notice of such extension shall be published in the English and Chinese languages in such manner as the Governor thinks ft.

__37_(1) Proceedings for contempt under section 35(3) shall be brought in the Supreme Court on application by the Attorney General.

(2) The Chief Justice may make rules providing for the procedure in proceedings for contempt under subsection (1) and in the absence of such rules the Supreme Court may apply such rules of procedure as it thinks fit.

1975.

PART VI

9

MISCELLANEOUS PROVISIONS

3. The following Ordinances are repealed

(a) the Illegal Strikes and Lock-outs Ordinance; and

(b) the Trade Disputes Ordinance,

Passed by the Hong Kong Legislative Council this 30th day of July

интет

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Council.

Repeal and annexo dansedda, (C#). 61,)

(Cap. 64)