TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 53

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

and there is no way of removing those doubts

except by a prosecution.

The amending Bill would

empower the Governor in Council by notice in the

Gazette to declare a strike or lock-out to be

St- would also

it an

offence to take part

in an illegal strike or lock-ont (only incitement to table part in an offena under

Shakt

legulation, as stated by the purpose illegal. The sind intention of the Hong

Y

Kong Government, is to balance the protection of

the public interest from strikes and lock-outs

of a coergive nature in essential services with

the protection of the interests of those involved

in genuiné trade disputes affecting such

services.

4.4.The replacement of the existing Ordinance

The Colonial

is certainly overdue. In 1960, after his/Labour

Advisory Committee had completed a review of

essential services legislation, the Secretary of

for the Colonce

State commended to colonial territories the

adoption of model legislative provisions to

protect essential services in place of previous

legislation which in many cases had been based

on a 1949 model ordinance. Hong Kong's legisla-

on the 1949 modal

tion was not so based being an amalgam of the

United Kingdom's Trade Disputes Act, 1927

(repealed in 1946) and the Conspiracy and

existima lepration ).

Pur after

"Argurnout

من

И

and no action to

"Background"

Protection of Property Act, 1875, The new model

adopt the model legislation was taken Ordinance was not, therefore, adopted.

however

has been the intention of the Hong Kong

Since 1960

But It'

Government for some time to review the general

position in the Colony with regard to essential

services legislation in the light of the Labour Adony

Committee's report. In the proposed Bill, they

purport to

have that same intention in mind.

NOTHING TO BE WRITTEN IN THIS MARGIN

/ The

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