TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 93

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

CONFIDENTIAL

For discussion

16th February 1971

XCC71)3

Copy No.....of 28

MEMORANDUM FOR EXECUTIVE COUNCIL

TRADE UNION REGISTRATION (AMENDMENT) BILL 1971

Honourable Members advised on 8th December 1970 and the Acting Governor ordered that the Trade Union Registration (Amendment) Bill 1971 should be introduced into the Legislative Council subject to two amendments to clause 9(c) and 10 and subject to further consideration by Honourable Members of item (e) of the proposed new First Schedule introduced by clause 29.

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Item (e) of the proposed new First Schedule listed any offence involving violence as one of the offences for which conviction would debar a person from becoming an officer of a registered trade union for a period of five years from the date of conviction,or discharge from prison, whichever is later. Honourable Members considered that it was desirable to list in the schedule precise crimes of violence in order to avoid any uncertainty over the meaning of the term.

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crimes of violence:

The legal draftsman has prepared the following list of

(a)

Public Order Ordinance (Chapter 245):

(b)

(c)

(i) sections 18 to 25: offences involving unlawful

assemblies, riots and similar offences

(ii) section 27: intimidation

Offences against the Person Ordinance (Chapter 212):

(i) sections 2 and 27: murder, manslaughter (ii) section 15: offence involving threat to kill (iii) sections 17, 19, 20, 27, 29 and 32: offences

involving wounding or endangering life or health

(iv) sections 34 to 36 and 39: offences involving

aggravated assaults or assaults involving bodily harm

(v) section 42: forcible taking or detention of person (vi) section 50: indecent assault on a male

Protection of Women and Juveniles Ordinance (Chapter 213):

sections 7, 21 and 25: offences involving indecent assault, rape, and forcible detention

(d) Trade Union Registration Ordinance (Chapter 332):

section 42: intimidation and annoyance

CONFIDENTIAL

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