TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 27

CONFIDENTIAL

14. There must, however, be considerable uncertainty about the effectiveness of such legislation. In the case of a very limited withdrawal of labour for an obviously political motive, e.g., in one essential service, the legislation might possibly be used to good effect; but it does not seem likely that limited action of this kind would be either permitted or ordered by the communist hierarchy. A more likely possibility is that when the weapon is used again by the communists, it will be used in furtherance of a grand design and on a scale so widespread that no legislation could effectively deal with it; a situation will then arise in which

it will be necessary to resort to emergency measures and emergency powers and for which it is not appropriate that permanent legislation should attempt to provide. Nevertheless the possibility that the communists might organise a series of one-industry

stoppages, each following hard upon the other, cannot be altogether discounted. Here too the legislation would probably prove unusable after invoking it to deal with the initial one or two stoppages. One can but agree with the Governor that it is difficult to foresee the circumstances in which it might be used.

15. But Hong Kong do consider that this legislation has a deterrent value, and there is some substance in their view. It is true that it did not deter the communists from organising stoppages of work in the transport, electricity and gas services in 1967 for "political" purposes which they did not attempt to conceal.

But

in less abnormal circumstances the communist unions can be expected to be more careful to avoid action which might be held to constitute a breach of the law. They are once again being repeatedly enjoined by Peking directives not to come into conflict with the authorities and we would now expect them to come under strong pressure from their leadership to avoid obviously illegal action. The deterrent value of such legislation cannot therefore be altogether discounted. Indeed it is arguable that to withdraw these provisions at this time is tantamount to inviting the local communist hierarchy to sanction again the use of the strike as a political weapon.

/ 16.