TNAG-0591-FCO40-724-Appointment-of-Governor-of-Hong-Kong-1976 — Page 81

(VII) THE RIGHTS AND OBLIGATIONS OF TRADE UNION ORGANISATIONS ARE SET OUT IN THE TRADE UNIONS ORDINANCE, CHAPTER 332 OF THE LAWS OF HONG KONG.

THE LABOUR RELATIONS ORDINANCE, NO. 55 OF 1975, WHICH CAME INTO EFFECT ON 1ST AUGUST 1975, REPEALED THE ILLEGAL STRIKES AND LOCKOUTS ORDINANCE (CHAPTER 61). CONSEQUENTLY, THERE IS NO SUCH CONCEPT AS AN ILLEGAL STRIKE AND THERE IS NO OTHER LEGISLATION IN HONG KONG LIMITING THE RIGHT TO STRIKE.

WE THEREFORE DOUBT THE NEED FOR A SPECIAL REPORT ON THE RIGHTS OF TRADE UNION ORGANISATIONS. PROVISIONS RELATING TO PICKETING ARE SET OUT IN SECTIONS 46 AND 47 OF THE TRADE UNIONS ORDINANCE.

2. QUESTIONS (111) AND (IV) ARE OFFENSIVE: THEY WILL, QUITE JUSTIFIABLY, ANGER ALL UNOFFICIAL MEMBERS AS THEY CONTAIN OBJECTIONABLE IMPUTATIONS. I HOPE THAT THEY CAN BE RULED TO BE INADMISSABLE FOR THE REASONS SET OUT IN THE 18TH EDITION OF ERSKINE MAY. SEE PAGE 323 - RULES OF ORDER REGARDING FORM AND CONTENTS OF QUESTIONS - RULE 1 (ARGUMENT AND EXPRESSIONS) AND RULE 3 (PERSONAL REFLECTIONS).

3. THE BACKGROUND TO (VI) IS THAT HOUSE OF LORDS DECISIONS, THOUGH THEY MAY BE GREATLY PERSUASIVE, ARE NOT BINDING ON HONG KONG COURTS, FOR WHOM THE ULTIMATE COURT OF APPEAL IS THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. SUCH A CASE IS UNLIKELY TO ARISE IN HONG KONG IN THE SAME SORT OF FORM AS THE QUOTED CASE, SINCE THERE ARE NO CLOSED SHOP AGREEMENTS. ANY PREDICTION AS TO HOW HONG KONG COURTS WOULD ADJUDICATE ON THE PRINCIPLES INVOLVED IS THEREFORE

HYPOTHETICAL.

4. AS REGARDS (VII), YOU ARE AWARE THAT PART V OF THE LABOUR RELAT- IONS ORDINANCE DEALING WITH THE IMPOSITION BY THE GOVERNOR IN COUNCIL OF A COOLING OFF PERIOD IN SPECIAL CIRCUMSTANCES IS NOT IN FORCE.

MACLEHOSE

FILES

1

HKIOD (3) FED

GGD

OLA

LORD GORONWY-ROBERTS

MR MALE

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COPIES TO:

HONG KONG GOVERNMENT OFFICE

6 GRAFTON STREET W 1

CONFIDENTIAL