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THE HONG KONG DAILY PRESS, FRIDAY, JULY 1st, 1927.
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HONG KONG.
ILLEGAL STRIKES.
PREVENTION OF INTIMIDATION.
NO HONG KONG UNION TO BE DOMINATED BY
OUTSIDE ORGANISATIONS.
NEW ORDINANCE · INTRODUCED IN
LEGISLATIVE COUNCIL."
The chief business at the meeting of the Legislative Council yesterday afternoon was the first reading of a Bill intituled..
"An Ordinance to declare and amend the law, relating to illegal strikes and lock-outs, to amend the law relating to intimidation and to breaches of contracts of service in certain special cases, to promote the hidependence of trade- unions established within the Colony, and for purposes con- nected with the aforesaid purposes.” The Attorney-General, in moving the first reading, said:-The Bill, has three main objects: One is to declare, and alightly to amend, the law relating to certain illegal strikes and lock-outs; the second is to prevent intimidation in the course af industrial disputes; the third is
prevent Hong Kong Trade strikes which were not genuine in- Unions from being under the domin.dustrial strikes at all, but strikes
Lo
Government either directly or by inflicting hardship upon the com. mity or any substantial portion the community." think, Sir, ony máy safety, say that no genuine industrial tende dispute strike we have ever had in Hong Hong would have come within the words of this section. The strikes which would have come within these words were
Hong Kong Unions And Outside. Influences.
Chuso is intended to prevent Hong Kong Trade Unions from being dominated by trade unions or other organisations outside the Colony. We know frow experience how necessary this legislation is. The way in which the clause at tacks the problem is to provent, except permission of the Governor- in-Council has been given, any trade union established within the Colony to be affiliated or connected with any trade union or other organisa- } tion outside the Colony in such manner as to place the trade union in the Colony, or any of its mem hers, under the control of the trade union or organisation outside.
The history of recent years will readily supply arguments for the adoption of this clause. It is pre- posed to amend the clause slightly. It is proposed to amend the first two lines of sub-section I. so that they will read
Πελ
Except with the consent of the Governor-in-Couneil instead of
trade union "
Except under and in accord. ance with the permission of the Governor-ju-Conneil”, -
The word consent" is used in-
ance of Trade Unions and athered by political and very often stead of permission" because the
anti-British and communistic mo-
organisations outside of the Colony.tives.
In carrying out the first objert The object of this Bill is not to the Bill follows very closely the interfere in any way with a genuine provisions of the Trade Disputes industrial strike which ia intended and Trade Union Bill which is ntto alter and better, the conditions present before Parliament in Eng of the workers, but to prevent and land. In carrying out the second render more clearly illegal the object-prevention of intimidation-strikes which are not genuine in this Bill is founded partly on some English legislation, which dates back to 1875 and partly on some amend ments to that old Legislation which are being made by the Bill now before Parliament. In attempting to carry out the third object the Bill strikes out a new line.
Various amendments have been proposed to this Bill and it is in- tended to move some of them in Committee next week. It is hoped
dustrial strikes, but afrikes which are political and communistic and, of course, also strikes which do not confine. themselves to ordinary in dustrial
to
ward consent " is used in other parts of the section and it is thought better to make it simply a case of consent or refusal and not to attempt to attach conditions en which consent will be given.
After the Bill was drafted it was
pointed out that a certain time must clapse between the coming. into effect of the Ordinance and the consent which might be applied for at once under sub-section I. The application might, or rather cer- tainly would, require some little time for consideration before it could be granted. It was pointed out that in a case of that kind, consent might be given almost at once and yet in the interval between the coming into effect of the Ordi. The provisions of there sections-nance and the granting of the con- sections 3 and 4 are taken almost sent, the Union might occupy an illegal position. It is therefore word for word from the English proposed to add the following sub- Bill. There is one slight altera- tion to be made in sub-section clause 1 of Clause 7.
pressure but seek achieve their end by coercion of the Government.
to publish the Bill, showing these of clause. That clause now reade, proposed amendments in the Gov-"For the purposes of sub-section erament Gazrite which will appear (1) a trade dispute.
-It this week. If, however, I may be should read "For the purposes of allowed to do so. I will indicate, this section à trude dispute. . . / in the course of dealing with this Bill, what these proposed amend. ments arc.
The Objects Of A Strika.
The main section dealing with the first object of the Bill is Section -It declares that
clause as sub-clause 2 after sub-
"Aur consent of the Gover- nor-in-Council under the pro- visions of sub-section (1) may be made retrospective in effect to such date as the Governor-in- Council shall think fit."
So that a trade union applied for consent the Governor-in-Council could make the consent date back to the eotumencement of the Ordin-.
Prevention Of Intimidation. Clause of the Bill deals with the second, main object of this legisla-ance. tion-prevention of intimidation. I do not think it is necessary to ay much about this clause because most of is based on what has been law in England, since 1575 and what is new is taken froin the Bit which is at present before the English Parliament.
Any strike is illegal which has any object other than or addition to the furtheraser of.... a trade dispute within the trade or industry in which the strikers are engaged and is a strike de
Breaking, A Contract Of Service. signed or calculated to coerce- the Government either directly Clause deals with a subsidiary or by inflicting hardship upon object of this legislation and makes the community or any substan-
it an offence to break a contract tial portion of the community.
of service in certain special cases, There is a similar déclaration as That does not make a strike in regards lock-outs. The view taken these particular services illegal, but by the Government in England is it makes illegal a lightning strike. that that section is declaratory. ItFor example, the clause refers to does not amend the law or pro- certain special services dealing pose any liabilities which did not with the supply of electric current, exist before, although any declara-gas, or water (which comes under tory section must. by being more public control) or with maintaining oxact and clearly defined take a any public tramway, 'bus service, slightly different course in defining public ferry, telephone or sanitary the exact foundation of an offence. service. The clause also covers all But speaking broadly what is de cases of, persons. "employed under clared to be an offence here is the Crown. already an offence at Common Law, Sympathetic Strikes,
In these cases the
breaking of the contract of service ia made illegal and criminal if the
so on.
It has also been pointed out that the sub-clauses which, following the introduction of the additional sub- clause 2, should now appear in the Bill-as sub-clauses-f-and- 7 instend 9f 5 and 9, should in some way be altered so as not to apply to eases where consent has been given under sub-clause I. The sub-clauses 10 and refer to attempts that might be made by anions or persons outside the Colony to give any direction or noties to a union with in the Colony. It is, therefore, proposed to add a new sub-clause sub-clause at the end of 'sub. clause 7 in the following terms:
The provisions of sub-sections (6) and (7) shall not apply to any direction or notice issued or given on behalf of or in the name of any trade union which is established outside the Colony to members 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."
Funds For Political Purposes. Clause 8 also carries out another subsidiary purpose of the Bill in prohibiting the use of trade union funds for political purposes outside the Colony.
It is proposed to add in Com- mittec a further clause to this Bill- clause XI. which will read as follows:
No prosecution for any offence under Section 3, 7 or 8 shåll be commenced without the sanction of the Attorney-General.
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THE HONG KOŊ WEEKLY PRESS, PUBLISHED TODAY, CONTAINS THE REVIEW OF TE COLONY'S FINAN- CIAL POSITIO GIVEN BY THE COLONIAL SPRETARY IN THE LEGISLATIVE OUNCIL.
There are many othefitems which will be read with interest byformer residents of the Colony,
The political situation South China has under- gone little changbut the agitation in favour of an anti-Japang boycott appears to be gaining some grond.
•
The trouble between Seamen and the Hong Kong, Canton & cao Steamboat Company continues and phengers by the Company's boats are still reiving rough treatment at the hands of picls in Canton..
A full summary of the portant news both from North and South given in the WEEKLY PRESS.
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EMPEROR'S INTEREST,
It may perhaps be just as well person who breaks this contract of to point out that this section-the service knows or has reasonable declaratory section declaring`cor- cause to believe that the probable tain strikes illegal. does not make consequence of his so doing. sympathetic strikes, as such, illegal. would, failing the adoption of ex- It is quite possible to have a per-traordinary measures, be to hinder fectly legal sympathetic strike, and or prevent the discharge of the it will be still possible after, the functions of the Government" or
The Colonial Secretary seconded Bill becomos law. There are two to deprive the juhabitants of the requirements necessary that a strike Colony, or a substantial number of the Attorney-General's motion and
the Bill was read a first time. may be illegal under this declara-them, wholly or to a great extent,
The Council then adjourned until, tion. One is that it must have of their supply of water, or elec next Thursday.
tric current, or gas or of the ordi.
H.E. The Governor presided at "some object other than or in
the Council meeting and others, addition to the furtherance of ary facilities of transport and present were: H.E. The General trado 'dispute within the trade or
Officer Commanding the Troops (Major-General C.. Luard, C.B., This clause-clause 6-is also C.M.G.), the Colonial Secretary industry in which the strikers are engaged. It must serve some ob. based on English legislation. Part (Hon. Mr. W. T. Southern, C.M.G), of the Emperor of Japan, 89. ject other than an alteration of the of it is based on legislation dating conditions of that particular trade. back to 1878. Sub-clause T. dealing That is not enough alone, however; with service of the Crown is based. If that were enough alone it on a section of the Bill which is at would make every empathetic present before the English Parlia striko illegal unless it was a strike nent. Sub-clause 2-dealing with of workers all engaged in the same essential services which, as I say, trado. The second requirement is based on the legislation of 1845 necessary to make a strike illegal in England has been extended be- is that it must be a strike designed yond the scope of the English or calculated, that is deliberately legislation but I do not think the intended or likely to coerce the principle has really been extended.
AVIATION.
TOKYO, June Prince Takamatsu, third ber
la, Chater ROAD.
MINING SHARES AND RUBBER DIVIDENDS.
Mesers. Carroll Bros, have been advised of the following dividends. on rubber and mining shares:
Rubber Dividends.. Conacmera5 per cent, interim, Broga per cont. final Mining Dividends. Eamunting Tin.d. final" (37) per cent, for the year).
Rawang Tin--1/- interim (7th). Talam Mings per cent, interire, Tin Kil Ord. & Prof.-7 per cent. final (27) per cent for the year).
Tronoh Mines.-6 per cent and 5 per cent, special.
Pengkalen. Ord. & Prot-1/-
Joseph Kemp, K.C. C.B.E.), the gunnery school, are to be atted the Attorney-General (Hon Sirolamutes from the Yokosukaul Colonial Treasurer (Hon. Mr. C. temporarily to the Kassumira Mol. Messer, O.A.E.), Hon. Mr. E. naval air corps after July on Hallifax (Secretary for Chinese which day the 10 planca comed ffairs), Hon. Mr. H. T. Jackman with this naval air base wilke (Director of Public Works), Hon. the air for a flying review ha Mr. E. D. C. Wolfe (Captain Super- Imperial Prince, who will be intendent of Police, Hon. Sir in the air in an Aple plate Shou-son Chow, Hon. Mr. D. G. M. will be the first member the Bernard, Hon. Dr. R. H. Kotowall, Reigning House to make hir C.M.O., Hon. Mr. A. C. Hynes, flight.
WE. L. Shenton and the osted in Japanese air deyelets, naval base and inspected Japan's Hon. Mr. J. Owen Hughes, Hon. The Emperor, who is greater Deputy Clerk of Councils (Mr. E has recently visited the Yeks first big aircraft carrier, the $7,000- W. Hamilton)..
(Continued at foot of next cin), ton Akagi-Manila Times.
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