TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 31

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

are adequate arrangements for the settlement of disputes and the redress of grievances.

(I am

enclosing for ease of reference copies of the relevant despatches and their accompanying memoranda and draft texts, i.e., Circular Despatch No.629/60 of 13 June, 1960 and Circular Despatch No.505/61 of 17 May, 1961).

3.

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Seen against this background, and the assurance of the Commissioner of Labour to the Legislative Council on 20 December, 1967 that permanent legislation was intended inter alia to protect the interests of those involved in genuine trade disputes, the legislation now put forward for consideration has, in my view, certain serious deficiencies, occasions me some concern.

4.

pat

premenily to make forma legustation which of to mow her heat to be removent-et- Its purpose is solely to amend the provisions of Section 3, ander which a strike or lock out having an object other than or in addition to the furtherance of a trade dispute can be declared illegal. These

which contain the essence of the legislating

provisionsį are based on the United Kingdom Trade Disputes Act of 1927 (introduced after the General Strike of 1926 and now repealed) and have never been

invoked. Moreover you have commented in your Saving Despatch under reference that it is difficult to conceive of circumstances in which, even as amended, they might be of practical value in view of the difficulties of enforcement.

That it is therefore be on the strength of their deterrent value that it is proposed to retain them as part of Hong Kong's permanent legislation. I recognise that they

It muzet I hole how arch

could have such value in the present circumstances

On both there grounds of Hong Kong While I would greatly prefer to see

dis

offer from the grabada bola

mament legislation,

such provisions dropped. I would be prepared to accept that for the present they should be retained if on further reflection you

Swheel that you must maintain your recommendation to

A this effect. But I regard the extension of the

penal scope of the Ordinance without any specific countervailing provision for settling any disputes

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