TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 56

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

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

must be so declared by the Governor in Council.

This in itself is a safeguard against the

arbitrary and repressive use of these new

provisions. However, the Labour Advisory

Committee was emphatic that it would be wrong

to try to use or adapt the sanctions of

essential services legislation to deal with

wider and more profound unrest of a nature move aþjvørtaŭlu píraft with long

likely to call for the use of emergency powers.

Hong Kong has Emergency Regulations which, it

must be admitted, proved adequate to cope with

the 1967 disturbances.]

8.

The second ċriticism of the Overseas

Labour Adviser, that the penal provisions

should apply to all breaches of contract in

certain circumstances, seems valid to the

extent that the model clauses making it an

offence to break contract in defined circum-

stances are not used in the Hong Kong Bill.

However, it does not seem that this is as much

a conflict of principle as the issue last

discussed. The Labour Advisory Committee them-

selves, when considering this question of the

wider application of these provisions, said

that they would not expect them to be used to

any great extent other than to deal with the

consequences of a localised dispute affecting

a particular group of essential services

workers.

9. The third criticism of the Overseas

Labour Adviser must also be examined.

Certainly in 1961′′, the Secretary of State

recommended the adoption of revised model

/ clauses

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