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will in any case call for consideration whichever course is adopted; (i) the designation of holidays, and (ii) the simplification of the definition of entitlement.
Disputes in Essential Services
5. In the Lajority of countries, special legislation has been enacted to deal with the problem of strikes and lock-outs in essential services. The Hong Kong legislation is agreed to be defective and has been the subject of much correspondence, ending with the Secretary of State's Confidential Savingram No 566 of 30 December 1969.
6.
In discussion with the Secretariat officers concerned and the Labour Commissioner and his Deputy the following points emerged:-
(a) It was unlikely that any of the scheduled essential
services would be disrupted by an ordinary industrial dispute. If trouble occurred it would be likely to have political overtones.
(b) Serious disruption could be caused by strikes in
services not now scheduled as essential (eg airport ground to air liuks).
Legislation would necessarily deal with lock-outs as well as strikes. But most Hong Kong employers regard the use of the lock-out and selective re-engagement as the most successful weapon used in 1967.
(1) Penalties against strikers or those who led them would
be difficuit to enforce.
(e) The existing Illegal Strikes and Lock-outs Ordinance
was seriously defective and its continued presence on the Statute Bock could be regarded as a deterrent only.
(f) In a State of Emergency, the powels contained in
Emergency (Principal) Regulations made under CAP.241 would be available.
(g) New legislation had been promised three years ago and
the annual extension of the existing Ordinance had become an embarrassment.
7. Against this background, it is recommended that our approach to this problem should be revised and should be based on the following principles:-
(a) any new legislation should replace both the Illegal
Strikes and Lock-outs Ordinance and the few remaining sections of the much amended Trade Unions and Trade Disputes Ordinance 1948.
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