TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Regal of

5.

section 8.

2

Section 8 of the principal Ordinance is repealed.

Explanatory Memorandum.

The principal Ordinance is unsatisfactory in that those

taking part in a strike or lock-out may be in doubt as to whether or "not their activities are illegal under the provisions of the Ordinance.

At present there is no machinery for removing these doubts, save by a

prosecution. In order to remedy this defect the Bill seeks to add a

new section 3A to the Ordinance whereby the Governor in Council would

be empowered to declare a strike or lock-out to be illegal for the

purposes of the Ordinance. It is apprehended that this provision will

be in the interests of all concerned for it will ensure that participants

in such activities are left in no doubt as to whether or not their

actions are illegal.

The effect of clause 2 is to make it an offence to take part

in an illegal strike or lock-out.

The principal Ordinanceĝis temporary being renewable every

year. It is now considered that it should be part of the permanent legislation. Consequently section 8, which contains the provision

relating to the renewal of the Ordinance, is repealed.

Clause 4 seeks to effect a consequential amendment.

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