TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 68

In the first place section 3 of this Ordinance makes a strike or

lock-out illegal "if it has any object other than or in addition to the

furtherance of a trade dispute within the trade or industry in which the [strikers or employees] are engaged and is a [strike or lock-out]

designed or calculated to coerce the Government either directly or by

inflicting hardship upon the community". Those who start or who go on

with such a strike or lock-out or who support it financially are liable to a fine of $1,000 and 6 months imprisonment.

Secondly, by section 5 breaches of contract by employees of public

utilities are made an offence where they have reasonable cause to believe

the probably consequence, failing extraordinary measures, would be to

deprive the inhabitants of the supply of water, gas, electricity, trans-

port, telephone or sanitary services""wholly or to a great extent".

This is a slight extension of the English position. Hong Kong goes

even further, however, when it makes any strike illegal where the striker

has reasonable cause to believe the probable consequence would, failing the adoption of extraordinary measures be" to endanger human life or to

cause serious bodily injury or to expose valuable property destruction or serious injury".

to

The first thing to be said about these provisions is thrt, even in

1907, they have never been used. But they are there and they are available should industrial relations in the Colony deteriorate. Among other things they mean that a strike concerning donditions of employment but having

an additional object of, say, pressuring Government to enforce these con- ditions by legislation would be illegal. They also mean that every "sympathetic" strike in support of persons outside the strikers' "trade or industry" (e.g., a strike of lorry drivers in support of textile workers) is criminal if it is likely to coerce the Government in any way. Again, since injury to property in this Ordinance probably includes economic loss

it can be argued that any strike is criminal there the probable consequence

is serious economic loss to the employer a ludicrous position, since

this a possible consequence of any strike.

July 17, 1970.

JR/pl

[TO BE CONCLUDED]