TNAG-2817-FCO40-4063-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1993 — Page 52

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public disorder, or seriously jeopardise Hong Kong's internal security, or expose a substantial number of persons to serious risk of disease or personal injury. The period can be further extended for another 30 days. A cooling-off period order requires the trade dispute to discontinue. Failure to comply with a cooling-off period order is punishable as a contempt of

court.

7.

While the current dispute settlement procedures have been working effectively, there is room to make the procedures more flexible and easier to apply when needed. The following additional measures are proposed -

(a)

To give the Commissioner greater flexibility in making a submission to the

Governor in Council

At present, the Commissioner for Labour may, only on receipt of a report by a special conciliation officer, submit a report on the trade dispute to the Governor in Council with such recommendation as he thinks fit. To give the Commissioner greater flexibility, it is suggested that the Commissioner may submit a report on the trade dispute to the Governor in Council upon receipt of a report by a conciliation officer if it appears to the Commissioner that -

(i)

(ii)

the appointment of a special conciliation officer may not be of much assistance to the settlement of the dispute; or

the trade dispute has changed to such a nature, or assumed such a magnitude or urgency, that the situation warrants the immediate attention of and decision by the Governor in Council.

Apart from providing flexibility to the Commissioner for Labour, the proposal also imposes greater pressure on the disputing parties to come to a settlement through ordinary conciliation, in that the Governor in Council may order any action appropriate, including arbitration and board of inquiry. However, the procedure of appointing a special conciliation officer should be retained in the LRO because it enables the Commissioner to authorise any other public officer or person, other than the officers of the Labour Relations Division, to undertake further conciliation where appropriate.