TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 40

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

be established for these services

if the right to strike is to be

severely curtailed. This point, and

Should Section 3

be retained?

the related issue of whether the

Section 3 powers to prohibit strikes

should be retained, is discussed in

paragraphs 12-16 below.

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.

points will have to be brought to Hong Kong's

notice.

These

12. 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

the' 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

The case for retaining

of enforcement".

these provisions is examined below.

/ 13....