1927-07-08 — Page 4

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HONG KONG.

ILLEGAL STRIKES AND LOCK-OUTS, .

HONG KONG'S NEW ORDINANCE.

UNANIMOUS SUPPORT IN LEGISLATIVE COUNCIL.

UNOFFICIAL AND CHINESE MEMBERS STRONGLY FAVOUR THE MEASURE.

At the meeting of the Legislative Council yesterday afternoon the Bill dealing with illegal strikes and lock-outs was read a second and third time and passed. There were one or two amend- ments, nfl these were chiefly of a technical nature. The principal cad was concerned with service under the Crown, à clause beng added that

"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 and without having given to the head of his depart- ment one month's notice in writing terminating with the last day of a calendar nionth, or if he wilfully refuses duty, or if he wilfully omits to perform his duty, provided that the provisions of this sub-section relating to notice. shall not apply to any person who is engaged by the day or who is paid daily."

The Bill received the unanimous support of the members of Council and the Hon. Mr. W. E. L. Shenton, on behalf of the Justices of the Peace, and Sir Shouson Chow, representing the Chinese Community, both spoke strongly in favour of it.

At yesterday's meeting Co. B. N.. Sergison-Brooke, C.M.G., D.S.O., commanding the 18th Infantry Brigade, took the place of 'Major-General' . . Luard, C.H., C.ALG. As this was his first- attendance at Council he took inc customary oath of allegiance. THE ATTORNEY-GENERAL.

The Attorney-General, in moving the second reading of the Bill, said: In introducing this Bill at the last meeting of the Council I referred to certain amendments- which it was proposed should be mered in Committee. Since last Thursday we have decided to pro- pose three further amendments in addition to those which I then me- tioned. Two of those appear on the sheet which was circulated to Honourable Members. The third does not appear on that paper. The two amendments which appear on the sheet that was circulated are amendments proposed to, be made

Tho muzin section of this Ordi- nance is Section 3 which states that either a strike or lock-out donigned or calculated to coerce the Govern- ment is illegal. Those words "de- signed or calculated" do not mena that there must be actual coercion. As to whether the strikes in 1922 ad 1025 were illegal strikes, or would have become illegal strikes. under this Ordinance, it is un necessary for us to argue. We can at the most surmise. They are old history. But it is particularly de- sirable that there should be n statu- tory declaration as to what an illegal strike is."

The principal objects and merits of this proposed ordinance are in Sections 3, 4, 5, 6, 7, 8 and 11. Section-3.is the section which deals with illegal strikes and illegal lock- outs.. It is, I may say, declara tory of the law as it exists to-day. It has been held at Home, in the Courts, that strikes nad lock-ouis such as are indicated in Section 3 are in fact illegal irrespective of this section. No one could possibly deny that interference with the policy of this Government would be a most serious matter. I would in- terpret this ution as one uphold- ing the principle that the Govern ment ist not be forced to do what it does not consider right. This legislation is directed towards that end

er

This

The proposed measure is not class

Section 4 is a section which deals with the protection of the indivi legislation, because it affects ein ployers as well as employees; nor dual. It is framed with the object is it in any way racial discrimina of assisting any inhabitant of this tion, for it concerns all, irrespec law. That is to say if he refuses to Colony who wishes to observe ze

tive of, race or creed. The fact that take part in any strike which is many of its sections are taken from declared illegal he shall not be sub- the Bill now

before Parliament ject to fine or otherwise deprived of any right or benefit to which he proves conclusively that the Goy-might be entitled. I would dea ernment has no intention of treat cribe this section as giving the right

British. If this Bill in any way wishes. ing the Chinese differently from the to the individual to carry on his avocations necording to his own savoured of class or racial distine- Section is the section which tion, we would have been the first deals with intimidation.

oppose it. It will, in fact, afford section does not in any way affect Protection to the employees no less what is known as peaceful picker- than to the employers, for it makes ing. That is preserved, but it lock-outs illegal under certain de states very clearly and

emphatically fined circumstances. In short, it is what will not be allowed. This designed to protect the again, Your Excellency, is declara- Clause 6. The Gratis in Subs a whole. I say that tory of the law as it exists to-day, section (1) where it is proposed to not only is it not aiming at the but it is extremely useful to have substitute the words "an agree.labouring classes, but one of its the declaration placed on the ment. For service under" for the basic principles is to afford pro- words

a contract of service with." tection to the law-abiding workinen The clause will then read "No per- who only want to be left alune to son who is employed in the service

earn an honest living of the Crown under the Govern ment of Hong Kong shall wilfully break all agreement for service under the Crown if he knows or has reasonable cause to believe, that the probable consequence of his so doing either alone or in com- bination with others, would, failing the adoption of extraordinary inea- sures, be to hinder or prevent the discharge of the functions of the Government.'

ät

}}

This amendment, is made in order

liberty to line with the sering men; it does not even make

Statule book so that all may know. 1 regard this section as the acknow- ledgment of the right. of the in. diviual to exercise his own discre tion.

- Section 6 deals with breaches of contract. This is specially framed to stop what are known as light bing strikes in essential services, I may well describe this section as the section for the protection of this, public,

Section 7 gives to this Colony the light to regulate its own affairs without interference from without 1 would describe this section in few words as embodying and assist ing the perservation of the indepen- dence of this Colony,

It

Strikes aro double-edged weapons which injure the strikers just as nuch as the people they strike against. They cause untold losses, and widespread distress and misery to all classes. Thousands and thou- sands of honest working men have have in recent years been forced to go on strike, to give up their means of livelihood, at the dictates of a few individuals who batten on the ignorapoo and quillity of the masses. It is this class of mischief- to make the terminology of the makers, fomenters, of sedition and clause agree, better with the termico-trouble--that this Bill is designed logy of General Orders. It also to deal with. Hong Kong is no

Section 8 is the section which serves to mark the distinction be-place for them. We do not want prohibits the use of trade union tween the terms of service under jolshevism or Communiam. We funds for political purposes outside the Grown and the terms of service cannot afford to have the economic the Colony. It is, máy 53} BỐ, under some employer other than and financial structure of the a. section based upon the necessity the Crown, Service under the Colony periodically shaken or un-of maintaining our neutrality. Our Crown differs, of course, in a nun dermined. What we want are peace inhabitants should not unduly inter- the ber of its details from service under and good order, ned the right to fere with politics outside any other employer, the great dis-follow our callings without let ar Colony and this section is a cons tinction being that, speaking gener hindrance,

tribution to the maintainance of ally, to every agreement for service This Bill is in no way a neutrality in political affairs which under the Crown there is the im

pressive measure. It will not in

at this

particular juncture is so plied condition the Crown is terfere with the law-abiding work essential.

Section 11 provides a safeguard. rices of servants at any time. economie strikes illegal, and, fur against frivolous prosecutions.

The second amendment proposed ther, it does not prohibit sym acts as a guarantee in this Colony to be made in Clause o is the addi- tion of a new sub-section (2). (This pathetic strikes, as such. In the that the law will be properly ad- event of a wage dispute between ministered. It is essential that we sub-scetion is given above),

and employed, the media should have a a section of this nature employers The effect of the sub-section, of tion of the Government can be in because it assures that legal strikes course, continued the Attorney.voked by the two parties to bring and legal lock-duta will not be in- General, is that in the circum about

satisfactory settlement. terfered with. This section pro- stances contemplated in sub-section The efforts of my Chinese colleague vides that there shall be no pro- (1) of clause 6, un Government and myself can also be counted secutions without good cause. servant is allowed to leave his duty upen to that end, if desired. We In conclusion, I would point out without giving one month's notice terminating on the last day of the are not uamindful of the legitimate that this ordinance places no re- calendar month except in the cases better their conditions of living. disputes nor upon the common law aspirations of the working men to striution whatever on genuine trade of servants who are engaged by But the realisation of such aspira- rights of individuals. It merely

daily. The

tions can only be possible, if the provides that lawful objects shall has been decided to propose since it its industrial life pursues a

for that reason I have great plea- the last meeting is an amendment to the proposed new clause. The normal course, and if Capital andsure in supporting it.. (Applause.)

The Bill was then read" co-operate for a com-

4. second new clause originally proposed was mon purpose. I believe, in all time,

Labour loyally "No prosecution for any offence sincerity, that this Bill, more than Council went intu. Committee to under Section 3, 7 or 8 shall be anything else I can conceive of at consider the Bill clanse by class. cominenced without the sanotion of the present time, will materially The various amendments which had the Attorney-General." It is now

help to bring us these blessinge, already been ontlined by the Attor proposed to move in committee

ney-General were approved and in- (Applause.) that the clause shall read "No

corporated in the Bill. tion for any offence under HON. MR, W. E. L. SHENTON.. Upon Council resuming, the Attor

3, 6, 7 or 8 shall be com- menced without the sunction of the Attorney-General.

Hon. Mr. W. E. L. Shenton said: General moved the third reading It has been.

support The Colonial Secretary seconded. deemed desirable to include sec Your Excellency, I rise to tion 6 in the terms of the proposed this proposed ordinance because, it and the Bill was real a third time

will contribute to the peace and and passed.

It is Council adjourned sine dic. good order of this Colony.

H.E. The Governor presided at one of the principal duties of the Justices of the Peace of this Colony the meeting and others present to assist in the preservation of were: Hon. Col. B. N. Sergison

the and good order and it is Brooke, C.M.G, D.S.O., sentative of that body to support. Southorn, C.M.C.) the Attorney- therefore, my wish as the repre- Colonial Secretary (Hon. Mr. W. T. this

proposed legislation.

General (Hon. Sir J. H. Kemp,

C.B.E.). the Colonial Trea

third

the day or amendment which it Colony enjoys peace and prosperity, be carried out by lawful means and

section.

The Colonial Secretary proposed the second reading of the Bill.

CHINËSE SUPPORT.

Hon. Sir Shouson Chow said: SIR,-AS this Bill affects the Chinese more than other sections of the community by reason of their

inission to make a few romarks on

pedico

✓

It is needless for me to point K. (Hon. Mr. G. Mel. Messer. out that Hors 'Kong' is peculiarly preponderate numbere, I crave per situated on e borders of China O.B.E.), Hon. Mr. E. R. Halifax, behalf of myself and my Chinese and that inhe host of political C31.C. C.B.E. (Secretary for Chi- nese Affairs), Hon. Mr. H. T. Jack- colleague. We consider the Bill otolitie peticularly sensi

It timely and necessary, and we there tive to political

man (Acting Director of Public fore support it whole-heartedly. If

essential, your Excellency, in this Works), Hon. Mr. E. D. C. Wolfe and when it becomes law, it should Colony that we should entirely (Captain Superintendent of Police), go a long way towards preventing contal our own house .It is equal- Hon. Sir Shou-on Chow, Hon. Me

ly carpatial that there should be D. G. M. Bernard, Hon. Dr. recurring political strikes-strikes which specially aim at the economics also essential that we should pre Hynes, Hon. Mr. J. Owen Hughes, no interference from without. It Kotowall, C.M.G., Hon. Mr.“ A. C life of the Colony, such as those which we experienced in 1992 and

serve some control over our own Hon. Mr. W. E. L. Shenton, and 1925, and from the effects of which people and their connections and Mr. E. W. Hamilton (Deputy Clerk

associations outside the Colony. we are still suffering,

of Councils).

BH.

K. M. A.

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BRIGADE OF TROOPS 18. BEING RECALLED FROM SHANGHAI, PRE- AT SUMABLY THE AUTHORITIES

HOME CONSIDER THAT THE SITUA- TION IN CHINA IS SHOWING SOME SIGN OF IMPROVEMENT.

That opinion is not shared by foreigners resident in Chion. There is a steadily growing belief that the campaign against the Communists, started by the Nationalists, has been little more than "make-believe "a campaign 'on' paper only designed simply to influencs public opinion.

Anti-foreign propaganda still continues and there

seems little doubt that the Nationali-ts in Shanghai-ure plotting at this moment to undermine the authority of the Shanghai Municipal Council.

Peace is not yet in sight and it is important that

the people at Home should be kept införmed of the continual changes and developments in the position.

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