TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 81

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

- 3 -

Note!

See

my mounte 4 244. and Mr. Gordan Smuth;

4 27/11.

GF

5.

Apart from the objections in principle

to which I have referred above, the

legislation as drafted has certain other

imperfections which call for examination.

(a) Section 3(5). The insertion of the

words "take part in" in line 2 of this

sub-section would seem to have little

or no practical effect in relation to

a strike in view of the proviso to the

sub-section.

(b) New Section 3A. As at present worded,

the powers of the Governor in Council

seem to be confined to strikes which

have already started and do not

extend to dealing with threatened

strikes. In the absence of the

notices referred to at paragraph 2

above, workers would not be aware in

many cases until already on strike that

their action was illegal. Moreover

where acts are done inciting or

instigating a strike before the strike

is declared by the Governor in Council

to be illegal, it would not be

sufficient for the purposes of a

prosecution in respect of those acts

merely to show that the Governor in

Council had subsequently declared the

strike illegal. It would, I am advised,

be necessary to establish that the

/strike