TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 62

NOTHING TO BE WRITTEN IN THIS MARGIN

Existarf

But I still have to be commiced that it is the complatz ausw

2

needs for the Exammation.

villare serious deficiencies. The basic Ordinance (Chapter 61) is an amalgam of the

United Kingdom Trade Disputes Act of 1927

(introduced after the General Strike of 1926 and-

now repealed) and the United Kingdom Conspiracy

and Protection of Property Let of 1875, and has

N.P

never been invoked You have moret

commented in your saving despatch under

o

reference that it is difficult to conceive of circumstances in which, even as amended, it the law.

might be of practical value in view of the

that it is difficulties of enforcement. It is therefore en

the claims of the legislations largely

theoretical deterrent value that it is proposed diemaet it. to make it part of Hong Kongle permanent

This may have advantars. legislation. Whether this provides sufficient

s(largely

justification in itself for the legislation 15

to

L

arguable but the extension of the penal scope

also

of the Ordinance without any specific counter-

providing

The sartlement of

vailing provision for settling any disputes

that might arise, is a defect of a major kind

which would seem at once to invalidate the

Ordinance as a piece of permanent legislation.

This miers seems to #during my Labour Adviser's visit in February

he shared her sous lacs to shared by employers pince

Come

1969, it was indicated by members of the

Employers Federation that it was a matter for

regret that what was being proposed did not

ady toyu

what

ery for resolving disputes.

provide, mach

machinery

4. It is questionable also whether the

Current

legislation as drafted is related to the situation

in the industrial relations field in Hong King

which has followed the "confrontation" of 1967.

/The power