CO129-504-7 Illegal Strikes and Lock-outs Ordinance- 1927 21-3-1927 - 26-11-1927 — Page 15

-2-

15

Trade Unions Bill, which is at present being considered in

Parliament, and on certain sections in the Conspiracy and Protec -

tion of Property Act, 1875.

3. (1) The definition of "strike" in section 2 is copied from

lause 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 considered unnecessary at present to follow that defi-

nition in its application to combinations of employers and to

combinations for imposing restrictive conditions on the conduct

of any trade or business. The reference to branches is taken

from section (2) of the Trade Disputes Act, 1906, 6 Edw.7,c.47.

The phrase, which has among its objects", is based on section

1 of the Trade Union Act, 1913, 2 & 3 Geo.5, c.30.

4.

(1) Section 3, which deals with illegal strikes and lock-

cute, is based on clause 1 of the English bill.

(2) Sub-clause (2) of clause 1 in the English bill provides

penalties of £10 or 3 months imprisonment on summary conviction,

and of 2 years imprisonment on conviction or indictment.

In

the Ordinance the penalties are all relegated to section 10

which provides simply for the maximum penalty of $500 and 6

months imprisonment, to be imposed in all cases on summary cc)-

viction.

(3) Sub-clause (3) of clause 1 of the English bill is

unnecessary here because the provisions there overridden do not

exist in Hong Kong.

5.