TNAG-0127-FCO40-163-Illegal-strikes-and-lockouts-ordinance-1969 — Page 99

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

Council under Section 3 A shall not

be in quradl

into in

any

count

of law. Although Seetime 3 A uses

the word "satisfied

it is still

to the couts question the

орал

basis

on

which suds a decisio

has ben reached.

A.1. Aust 9.1.69

2.1.

Your

may wish to see (1), and thr. Aust's

minute above,

before we

reply to Hong Kong.

K.245.

ib. Any. Could

Mr. Murray

you

1.R. Huray

look in pantientes

14. 1.69,

particular at prane 5 of my minito GF.

рама

These papers reached me to-day on my return from sick leave.

2. I think it is a good general rule for papers of this kind to be referred first to the technical or professional Adviser before they are seen by the Legal Advisers, since almost inevitably a number of

I points will be raised of a legal character. would also say that Ministers and Parliament are particularly sensitive to legislation in the Dependencies (as at home) affecting the right to strike and imposing penalties; and the longer the gap between the submission of the local draft Bill and the receipt of our comments upon it, the more firmly, through local consultation, may erroneous ideas become acceptable. I leave on Saturday for Hong Kong and although I knew legislation of this kind was under consideration in Hong Kong, it was not until this morning that I knew that we had in fact received a Bill for comments. Since it is doubtful whether we can clarify our policy here on this controversial legislation within the next few days, I will not be able to do more in Hong Kong than express a personal view about the difficulties and dangers of what is proposed.

3. Turning to the legislation itself, it is worth looking for a moment at the original legislation, the Illegal Strikes and Lock-Outs Ordinance of 1949 (Cap. 61), which in accordance with Section 8 of

that/

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