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Br
Mr. Golden
Problem
CONFIDENTIAL
Apase p
Essential Services Legislation in Hong Kong
The Hong Kong Government has sought the Secretary of State's agreement to and comments on a draft Ordinance which would make a
permanent part of their legislation the Illegal Strikes and Lock- outs Ordinance of 1949. This Ordinance contains provisions on the lines of the now repealed U.K. Trade Disputes Act 1927 and its continuance in force has hitherto depended on periodical extensions (for not more than a year at a time) by resolution of the
Legislative Council. The Government propose at the same time to remedy certain defects in the Ordinance.
Recommendation
(i)
(ii)
That the Governor should be asked whether he still considers
it necessary to keep an Ordinance of this kind on the Statute
Book.
That he should be told that if he does so consider, the Secretary of State would wish this opportunity to be taken. to introduce into Hong Kong legislation provisions based on model legislation commended to dependent territories by the Colonial Secretary in 1960 and designed to protect the interests of workers employed in essential industries. A draft despatch, based on discussion between the Hong Kong Department and the Overseas Labour Adviser is attached.
Argument and Background
1. The argument is contained in the draft, read with the preceding paragraphs of this submission.
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2. Further background is contained in paragraphs 3 16 of Hong Kong Department's original submission of 2 December.
3. It is possible that controversy may be aroused in Parliament or elsewhere by the Hong Kong Government making permanent legislation on the lines of the controversial 1927 U.K. Act even though their intention to do so was announced as long ago as
December
CONFIDENTIAL
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