TNAG-0233-FCO40-269-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 41

XCC(70)62

CONFIDENTIAL

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(c)

the prohibition of picketing of a private residence;

(d)

the addition of offences of violence and against public order as a bar to the election of a person convicted of them to an office in a trade union.

27

The proposal to allow a temporary trade union formed for the purpose of a single dispute to operate without registration was intended to facilitate the quick organisation of employees and thereby to help to bring labour and management together on a more orderly basis. It was unanimously opposed by the Labour Advisory Board. The trade union members objected in principle to all forms of temporary trade unions because they would probably discourage employees from joining trade unions on a permanent basis. The Hong Kong and Kowloon Trades Union Council supported this view. The employers' representatives considered that trade unions should be properly registered and comply fully with all the statutory requirements of the Ordinance. They were supported in this argument by the Employers' Federation of Hong Kong, the Federation of Hong Kong Industries, and the Hong Kong General Chamber of Commerce. The Reform Club of Hong Kong also opposed the proposal because it alleged that the amendment would give too much power to the Registrar of Trade Unions. In the light of this combined opposition, the Commissioner of Labour and the Registrar of Trade Unions see no advantage in pressing this proposal and it has been abandoned. In addition, the words, "whether temporary or permanent", have been deleted from the definition of a trade union because no such distinction is made in the Ordinance and, consequently, have no purpose.

28

The proposal to include blocking or causing an obstruction in any street or road as a new offence of intimidation attracted the greatest volume of criticism. Although much of it was emotional, and some was based on a misunderstanding of the law, the Attorney General and the Commissioner of Police considered that, as proceedings could be taken under the Summary Offences Ordinance or for the common law misdemeanor of nuisance, the proposal could be abandoned without adverse consequences.

29

The effective prohibition of picketing of a private residence aroused some mild opposition on the grounds that it was withdrawing a statutory right which already existed. Otherwise, no reasoned arguments were advanced against the proposal, which remains in the bill.

30

The Labour Advisory Board unanimously disliked the proposal which added conviction of an offence involving violence or against public order as grounds for disbarring a person from becoming an officer of a trade union for a period of five years for a variety of reasons, some conflicting. Some concern was expressed about the reduction of the period of disbarment from life as at present to as short a period as five years and about possible confusion over the length of sentence given and the actual time spent in prison before discharge. This concern was voiced by other organisations. The general opinion was that life disbarment was too severe.

CONFIDENTIAL