TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 45

1,500M 2/69 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

(118281) Dd. 391599

DRAFT SAVING DESPATCH

Type 1 +

From

Registry No.

SECURITY CLASSIFICATION

XIX KEMAX

XXXXXX

Confidential. XRest Added XX XtXlklassifedx

PRIVACY MARKING

In Confidence

To:-

GOVERNOR, HONG KONG

Telephone No. & Ext.

Department

I am addressing you with reference to your

Saving Despatch No.CR 29/3231/49 of 28th November,

1968, on the subject of the proposed amendments to

the Illegal Strikes and Lock-outs Ordinance (Chapter 61). I welcome the decision of your

Government to seek to bring up to date and improve

the effectiveness of your legislation to protect the

public interest from strikes and lock-outs in

essential services; but I have considerable doubts

about the manner in which it is proposed that this

should be done.

2. It will be recalled that as far back as October 1960 (your Savingram No.2081) my predecessor

was advised that you intended to review your essential

services legislation in the light of the Model

Ordinance commended to all Colonial Governments at

that time. The principal features of this Model

Ordinance were :-

(a)

(b)

(c)

that the right of workers to strike in

essential services would be delayed but not

prohibited;

the penal provisions would apply to all

breaches of contract in defined circumstances

and

steps would be taken to ensure that workers

in essential services would be made aware

of their responsibilities by the posting

of notices.

Particular attention was also drawn to the need to

establish joint consultative and negotiating

machinery in all essential services on the grounds that where the right of workers to withdraw their

labour has been restricted, there exists a special obligation on the employer to ensure that there are adequate arrangements for the settlement of disputes

/ and the

...

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