107811-1927-Ordinance-passed-and-assented-to--Illegal-Strikes-and-Lock-outs-No-10-of-1927 — Page 2

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THE HONG KONG GOVERNMENT GAZETTE, JULY 8, 1927.

Protection of persons refusing to take part in illegal strikes

Prevention of intimidation. 38 & 39 Vict. c. 86, s. 7.

(2) It is hereby declared that any lock-out is illegal if it has any object other than or in addition to the further- ance of a trade dispute within the trade or industry in which the employers locking-out are engaged and is a lock-out designed or calculated to coerce the Government either directly or by inflicting hardship upon the commu- nity; and it is further declared that it is illegal to com- mence, or to continue, or to apply any sums in furtherance or support of, any such illeglock-out.

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(3) For the purposes of this section, a trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and workmen, in that trade or industry, which is connected with the employment or non-employment or the terms of the employment, or with the conditions of labour, of persons in that trade or industry.

(4) Without prejudice to the generality of the expres- sion "trade or industry", workmen shall be deemed to be within the same trade or industry if their wages or conditions of employment are determined in accordance with the conclusions of the same joint industrial council, conciliation board, or other similar body, or in accordance with agreements made with the same employer or group of employers.

(5) No person shall declare, instigate, incite others to take part in, or otherwise act in furtherance of a strike or lock-out declared by this Ordinance to be illegal: Pro- vided that no person shall be deemed to have committed an offence under this section or at a common law by reason only of his having ceased work or refused to con- tinue work or to accept employment.

4.-(1) No person refusing to take part or to continue to take part in any strike which is by this Ordinance declared to be illegal, shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he would otherwise be entitled, or liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union or society, anything to the contrary in the rules of the trade union or society notwith- standing.

(2) Nothing in the rules of a trade union or society re- - quiring the reference of disputes to arbitration shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has been, expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as the court thinks just.'

5.-(1) No person shall, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or to abstain from doing, wrongfully and without legal authority,-

(a) use violence to or intimidate such other person or

his wife or children, or injure his property; or,

(b) persistently follow such other person about from

place to place; or,

(c) hide any tools, clothes, or other property owned or used by such other person, or deprive him of or hinder him in the use thereof; or,

(d) watch or beset the house or other place where such other person resides, or works, or carries ou business, or happens to be, or the approach to such house or place; or,

(e) follow such other person with two or more other persons in a disorderly manner in or through any street or road.

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