XN000022-1975-05-07 — Page 4

WEDNESDAY, MAY 7, 1975

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+INDEED, IN CERTAIN CIRCUMSTANCES THEY MIGHT BE WELCOMED BY THE PARTIES TO THE DISPUTE, PARTICULARLY WHERE THE PERIOD MIGHT ASSIST THEM TO REASSESS THEIR ATTITUDES AND, WITHOUT LOSS OF FACE, TO ABANDON ENTRENCHED VIEWS.+

MR. PRICE SAID SOME COUNTRIES SUCH AS THE UNITED KINGDOM HAD TRIED AND ABANDONED SIMILAR MEASURES, BUT OTHERS SUCH AS THE U.S.A., CANADA, JAPAN AND SINGAPORE - FELT IT DESIRABLE TO HAVE SPECIAL COMPULSORY POWERS TO DEAL WITH WHAT MIGHT LOOSELY BE TERMED +ESSENTIAL SERVICES+.

HE ADDED : +SUCH COUNTRIES FEEL THAT PROVISIONS SIMILAR TO THOSE CONTAINED IN PART V OF THE LABOUR RELATIONS BILL ARE NECESSARY TO PROTECT THE COMMUNITY AGAINST THE POSSIBILITY OF STRIKERS OR EMPLOYERS, BY A SELFISH PURSUIT OF THEIR OWN INTERESTS, BREAKING THE RICE BOWLS OR AFFECTING THE DAILY WORK OF THOSE WHO ARE NOT INVOLVED IN THE DISPUTE BE THEY OTHER WORKERS OR THE PUBLIC IN GENERAL.

+IT IS THIS SORT OF SITUATION WHICH THE COOLING-OFF PROVISIONS ARE DESIGNED TO AVOID.+

MR. PRICE POINTED OUT THAT ONLY IN SPECIAL CIRCUMSTANCES COULD THE GOVERNOR-IN-COUNCIL IMPOSE A +COOLING-OFF+ ORDER DURING A TRADE DISPUTE. SUCH AN ORDER WOULD BE FOR AN INITIAL 30 DAYS, AND THERE WERE PROVISIONS FOR AN EXTENSION OF ANOTHER 30 DAYS.

THE ORDER WOULD PLACE THE PARTIES TO A DISPUTE - OR THIRD PARTIES UNDER AN OBLIGATION TO STOP ANY INDUSTRIAL ACTION WHICH MIGHT INTERFERE WITH, OR UNDERMINE, THE SETTLEMENT OF A DISPUTE BY ARBITRATION OR A BOARD OF INQUIRY,

THE ORDER COULD ONLY BE ENFORCED BY CONTEMPT OF COURT PROCEEDINGS, AND NOT BY CRIMINAL PROSECUTION.

MR. PRICE SAID A COOLING-OFF ORDER COULD ALSO ONLY BE CONSIDERED WHEN A DISPUTE WAS CONSIDERED LIKELY TO CAUSE AN INTERRUPTION IN THE SUPPLY OF GOODS OR THE PROVISION OF SERVICES WHICH MIGHT -

* BE GRAVELY INJURIOUS TO THE ECONOMY OF HONG KONG OR SERIOUSLY AFFECT THE LIVELIHOOD OF A SUBSTANTIAL NUMBER OF PERSONS-

* CREATE A SERIOUS RISK OF PUBLIC DISORDER OR SERIOUSLY

JEOPARDISE THE INTERNAL SECURITY OF HONG KONG OR

*

ENDANGER THE LIVES OF A SUBSTANTIAL NUMBER OF PERSONS OR EXPOSE THEM TO SERIOUS RISK OR DISEASES OR PERSONAL INJURY.

/OUTLINING