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Protection of persons
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(2) It is hereby declared that any lock-out is illegn! if it has any object other than or in addition to the further- ance of a trade dispute within the traile or industry in which the employers locking-out are engaged and is a lock-out designed or calculated to coerce the Government either directly or by inflicting hardship upon the comma- nity and it is further declared that it is illegal to com- mence, 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, a 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 uon-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 expres- sion 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 act in furtherance of a strike or lock-out declared by this Ordinance to be illegal: Pro- vided that no person shall be deemed to have committed an offence under this section or at a common law by reason only of his having ceased work or refused to con- tinne work or to accept employment.
4-(1) No person refusing to take part or to continue to take part in any strike which is by this Ordinance refusing to
declared to be illegal, shall be, by reason of such refusal or take
part in illegal strikes by reason of any action taken by him under this section, subject to expulsion from any trade union or society, or to fine or penalty, or to deprivation of any right or benefit to which lie would otherwise be entitled, or liable to be placed in any respect either directly 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 notwith- standing.
I'revention of intimidation, 38 & 39 Vict.
c. 86, s. 7.
(2) Nothing in the rules of a trade union or society re- quiring 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 been 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 traile union or society such em by way of compensation or damages as the court thinks just.
5.-(1) No person shall, with a view to compel aux other person to abstain from doing or to do any acı which such other person has a regal right to do or to abstain from doing, wrongfully and without legal authority,—
(a) use violence to or intimidate such other person or
his wife or children, or injure his property; or,
(V) persistently follow such other person about from
place to place; or,
(e) hide any tools, clothes, or other property owned or used by such other person, or deprive him of or hinder him in the use thereof; or,
(d) watch or beset the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or,
(e) follow such other person with two or more other persons in a disorderly manner in or through any street or road.
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(2) It is bereby declared that it is unlawful for one or more persons (whether acting on their own behalf or on behalf of a trade union or society or of an individual employer or firm, and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute) to attend at or near a house or place where a person resides or works or happens to be. for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working, if they so attend in such numbers or otherwise in such manner as to be calculated to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace and attending at or near any house or place in euch numbers or in such manner as is by this sub-section declared to be unlawful shall be deemed to be a watching or besetting of that house or place within the meaning of sub-section (1).
(3) In this section the expression "to intimidate means to canse in the mind of a person a reasonable appre- hension of injury to him or to any member of his family or of violence or damage to any person or property, and the expression "injury includes injury other than physical or material injury, and accordingly the expression "appre- hension of injury includes an apprehension of boycott, or loss of any kind, or of exposure to hatred, ridicule, or contempt,
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6-(1) No person who is employed in the service of Breach of the Crown under the Government of Hong Kong shall contract of wilfully break an agreement for service under the Crown service to be an offence in if be knows or has reasonable cause to believe that the certain cases. probable consequence of his so doing, either alone or in 38 & 39 Vict.. combination with others, would, failing the adoption of c. 86, 88, 4, 5 extraordinary measures, be to binder or prevent the dis- charge of the functions of the Government.
(2) For the purpose of sub-section (1), and without prejudice to the interpretation of any express term of the agreement other than a term relating to notice, a person who is employed in the service of the Crown shall be deemed to break his agreement for service under the Crown if he absents himself from duty without leave und without having given to the head of his department one month's notice lü writing terminating with the last day of a calendar month, or if he wilfully refuses duty, or if he wilfully omits to perform his duty, provided that the pro- visions of this sub-section relating to notice shall not apply to any person who is engaged by the day or who is paid daily.
(8) No person who is employed by any company, firm or person engaged in the business of supplying electric current or gas to the public, or engaged in maintaining any public tramway, bus service, or public fe.ry, or engaged in maintaining any telephone or sanitary service, shali wilfully break a contract of service with such company, firm or person as aforesaid, if he knows or has reasonable cause to believe that the probable consequence of his 30 doing, either alone or in combination with others, would, failing the adoption of extraordinary measures, be to deprive the inhabitants of the Colony, or a substantial umber of them, wholly or to a great extent, of their supply of electric current or gus, or of the ordinary facili- ties of transport, or of the ordinary telephone or sanitary services.
(4) No person shall wilfully break any contract of service if he knows or has reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, would, failing the option of extraordinary measures, be to endanger human life, or to cause serious bodily injury, or to expose valuable property whether movable or immovable to destruction or serious injury.
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