TNAG-0234-FCO40-270-Labour-disputes-and-trade-unions-in-Hong-Kong-1970 — Page 84

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

Press Extrad

S.C.mp

24 June

1970

Strike laws deprive

workers of their

rights, says unionist

BY RICHARD GOLDENSOHN

Hongkong's labour legislati on regarding the right to strike has come under sharp criticism by a leading trade unionist, who says it prejudices the building of strong trade unions in the Colony. Ife is Mr Leong Fook-kee, Chief Organiser in Hongkong of the Asian |Regional Organisation of Textiles Workers.

Ile said yesterday, in an Mr Leong served as an ad- "Workers who were merely interview with the South viser to the CIWGU through- trying to exercise their rights China Morning Post, that out the Kun Tong dispute.

under the first paragraph of current laws regulating

Sec 46, were beaten up and strikes made it impossible for

with obstruction unions to serve the workers

charged under the second paragraph properly.

of the same law.

In the first paragraph of Sec 46, workers are granted the right to "peacefully per- suade" at the scene

of a

Mr Leong urged the repeal strike. But the second part

"The second paragraph thus of the second paragraph of of Sec 46 prohibits pickets makes the first part unen- Section 46 of the Trade from obstructing entrance to forceable and endangers the

Union Registration Ordinance or exit from a plant. and advocated the establish- ment of an arbitration court

disputes.

It is the latter part to

to deal with future industrial which Mr Leong objects, since management and police, he claims, have interpreted it to mean police may escort "scabs" through picket lines.

"The court would eliminate nuch of the potential for strike situations by dealing efficiently with labour prob- lems before they reached the crisis stage," he said.

Referring directly to See 46, Mr Leong stated: "It police can intervene in labour, disputes and implant this law to the advantage of management, the function of the trade union to negotiate on behalf of the working people cannot be carried out."

Kun Tong

Mr Leong believes it essen- tial that pickets be allowed to confront would-be strike breakers in order to serve their legitimate purpose of "peaceful persuation."

"If the union cannot pre- sent its case, what is the point of going out on strike?" he said.

"The role of the police should be one of maintaining

A

law and order not of act- ing on behalf of management or labour.

He recalled that, in the case of the Great Eastern Ltd "I am certain that, if the strike at Kun Tong, police union had been able to pre- attempted to escort a sealed sent its

case in the Great bus through picket lines, Eastern strike, violence would "denying the strikers the never have resulted. right of presenting their case to would-be strikebreakers." "On the afternoon of June 13, when the Arst busload of The Cotton Industry Wor- workers was brought to the kers General Union, which factory, the pickets presented struck at the Great Eastern their case and there was no plant on June 12, is a local violence. It was only when affiliate of the AROTW.

a second bus assisted by police started to cross picket lines without regard to the legitimate rights of the trikers ths, there was a pro- 6. n.”

I workers' right to strike."

While the strike was the last resort, he said, a strong union movement could not be built unless the right to strike were guaranteed.

Mr Leong believes current legislation does not protect workers from "anti-union employers.”

RECEIVED IN

REGISTRY No.51 ·

970

николо

5

He admitted there might

be diflculties in Hongkong But he pointed

in finding qualified judges.

out that

Singapore had brought in an

outsider to preside over its Arbitration Court and this had been a successful perience.

ex-

"The court should not admit solicitors, but it should have

two

assessors

one

one and management labour," he said.

for for

In cases which concerned an entire factory, workers could choose, by secret ballot. which unions or what persons

should represent them.

the

Mr Leong stressed procedures of the court must "so as not be kept simple to prejudice either party, the disagreements must be speedily resolved.

"If workers, and manage- ment, are able to get justico rapidly in the labour court, It will be a large factor in the growth of

Such employers, he says, promoting may serve notice on an em- responsible trade unions." ployee, terminating his ployment, without giving any justification.

Empowered

em-.

"A labour court, empower- ed with the right of arbitra- tion in cases of wrongful dis- missal, is essential," he said.

"At present, an employee dismissed because of his union activities has no re- course."

The Great Eastern strike is known to have been pre- cipitated by the summary dismissal of the vice-chair- man of the factory's branch of the CIWGU. That worker was later reinstated.

The workers, a union or management could take a case to the court and get a rapid impartial decision, thus lessing the possibility that a ainor incident would le

to

wants the labe ri incendent

While he acknowledged that now pre- many unions are occupied with political issue3, he thought legislative reforms and a labour court would enhance the stature of those unions which concerned themselves directly with the problems of the workers, since they would be able to "serve the worker and gain his confidence."

Those unions which existed merely to promote a political point of view would cease to exist.

Mr Leong, 30, is considered to be one of the only pro- fessional union organisers in Hongkong.

A native of Singapore, be has

held his present pesi- tion here for five vera.

41 ?... He has been activ orgarining

Geoa C.

*

1

SC

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