TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 39

9. The amending legislation submitted by Hong

Kong is concerned with Section 3, and no

Hong Kong's Proposed Amending Legislation

amendments are proposed to Section 5. It

would empower the Governor-in-Council, by

notice in the Gazette, to declare a strike or

It

ement

lock-out illegal, thereby removing the

uncertainty noted in paragraph 5 above.

would also make it an offence to take part in

an illegal strike or lock-out (only inciti

others to take part is an offence under

existing legislation see paragraph 3(c)

above).

S

10. This amending legislation is unsatisfac-

tory in that :

(a) No consideration would appear to have

been given to incorporating any of the

features of the model legislation.

Hong Kong should be asked to include

amendments allowing for the collective

withdrawal of labour by a trade union

(in Section and providing for the

posting of notices by employers

(paragraph 6(i) and (iii) above).

There does not appear to be any

strong argument for requiring the

period of notice laid down in the

model legislation (15 days) to be

uniformly applied throughout

dependent territories and I consider

that we need not ask Hong Kong to

reconsider its provisions in this

respect.

(b) No machinery is provided for the

settlement of trade disputes in

essential services, and it is

important that such machinery should

/ be

NOTHING TO BE WRITTEN IN THIS MARGIN