TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 26

CONFIDENTIAL

Should Section 3 be

retained

11. In addition there are defects in the proposed amendments to Section 3. In particular, the Labour Adviser has pointed out (and Legal Advisers have confirmed) that the amendment making it an offence to "take part in" an illegal strike is in conflict with the existing proviso that no one shall be deemed to have committed an offence by reason only of his having ceased work or refused to continue work. It is also puzzling that the Governor-in-Council's powers to declare strikes illegal can apparently be exercised only after a strike has started and not in relation to a threatened

strike.

12.

These points will have to be brought to Hong Kong's notice.

The policy issue of whether Section 3 should be retained in the legislation at all has not been argued by Hong Kong and it is perhaps doubtful whether it was even closely examined. As already pointed out, this section has never been invoked; and in forwarding his proposals for amending the legislation the Governor commented that, even as amended, "it is difficult to conceive the circumstances in which it might be of actual practical value in view of the difficulties of enforcement".

provisions is examined below.

13.

The case for retaining these

Section 3 derives from the United Kingdom Trade Disputes Act of 1927 (introduced after the General Strike of 1926 and now repealed). It might be argued that its retention is unnecessary because the power of the communist unions in the essential services was broken in 1967. That is so, and recent assessments confirm that the position has changed very little since. But the communists are working, and will continue to work, assiduously to recover their influence: they are already seeking to reinfiltrate their more fervent and reliable supporters into the labour forces of the essential service industries. If these (or some such) provisions could be effective against the politically inspired

it is a strike, then there will undoubtedly be a need for them: weapon in the communist armoury that will be used again when the communists feel strong and confident enough.

/ 14.