TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 54

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W(B)L 51-7406

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from

16 14.

The Overseas Labour Adviser while welcoming

the decision of the Hong Kong Government to seek

to bring up-to-date and improve the effective-

ness of their essential services legislation

has doubts about the manner in which it is pro-

posed that this should be done. He considers

that in certain fundamental respects, the draft

legislation does not conform with the Model

Ordinance of 1960. He isolates three principles

which the Committee recommended should be

applied in new legislation:

5.

(a) The right of workers to strike in

essential industries should be delayed

but not prohibited;

(b) The penal provisions should apply to

all breaches of contract in defined

circumstances;

and

(c) Steps should be taken to ensure that

workers in essential services are

made aware of their responsibility by the posting of notices. by cplaylis

The Overseas Labour Adviser also argues

that attention has not been paid 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 is a special obligation on employers to

ensure that arrangements for the settlement of

disputes and the redress of grievances are

adequate.

/7..