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M
Wilford
Youson
Kr. Godden
COMEDENTIAL
22
Essential Services Legislation: Hong Kong
Problem
The Hong Kong Government proposes to modify the Illegal Strikes and Lock-outs Ordinance (Cap 61) by an amending Bill, a draft of which Flag A Bag B
has been referred for comment. The existing Ordinance was enacted in
1949 to continue in force to December, 1965, since when its duration
has been extended by yearly resolution of Legislative Council.
It was last renewed, but for six months only, on 1 July, 1969. The proposed
Bill is controversial.
Hong
Kongs Present
Legis-
lation
Recommendation
2. I recommend that the Governor be asked to reconsider the amending
Bill and to examine the feasibility of bringing this legislation more
closely into line with the model legislation commended to dependent territories by the Secretary of State for the Colonies in 1960.
A draft despatch is attached. The Overseas Labour Adviser concurs.
Background and Argument
3. The present Ordinance provides in Section 3 that :-
(a) a strike or lock-out shall be illegal if it has any object
other than or in addition to the furtherance of a trade
dispute and is designed or calculated to coerce the
Government either directly or by inflicting hardship upon
the community;
(b) it is an offence to commence or continue, or apply any sums
in support of, an illegal strike or lock-out;
(c) it is an offence to declare, instigate, incite others to
take part in, or otherwise act in furtherance of, a strike or lock-out; provided that no person shall be deemed to have committed an offence by reason only of his having ceased
work or refused to continue work or to accept employment;
and in
No comments yet.
Private notes are available after approval.