111575-1927-Supplementary-Bill-read-a-first-time--Illegal-Strikes-and-Lock-outs — Page 3

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2. (1 The definition of “ strike in section 2 is copied from clause 8 (2) of the English bill.

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(2) The definition of “trade union gave rise to some difficulty. the English definitions being complicated by the legislative history of trade unions in En lant The definition which has been adopted in the Ordinance is based on that in section 16 of the Trade Union Act Amendment Act, 1876. 39 & 40 Vict. c. 22. In the peculiar circumstances of Hong Kong it has been consi- dered unnecessary at present to follow that definution in its application to combinations of employers and to com- binations for imposing restrictive conditions on the con uct of any trade or business. The reference to branches is tak n from section 5 (2) of the Trade Disputes Act, 1996, 6 Edw. 7, c. 47. The phrase, which has among its objects", is based on section 1 of the Trade Union Act, 1913, 2 & 3 Geo. 5, e. 30.

3.-(1) Section 3, which deals with illegal strikes and lock-outs, is based on clause I of the English bill, altered in accordance with certain amendments which it was indicated that the Government proposed to make in that clause.

(2) Sub-clause (2) of clause 1 in the English bill pro- vides penalties of £10 or 3 months imprisonment on sum- mary conviction, and of 2 years imprisonment on con- viction on indictment. In the present Ordinance the penalties are all relegated to section 10 which provides simply for maximum penalties of $500 and/or 6 months imprisonment, to be imposed in all cases on summary con- viction,

(3) Sub-clause (3) of clause 1 of the English bill is unnecessary here because the provisions there overridden do not exist in Hong Kong.

4. Section 4, which is designed to protect persons refus- ing to take part in illegal strikes, from expulsion from their union or fine or loss of benefits, is taken almost word for word from clause 2 of the English bill, with the omission of the retrospective sub-clause (3).

5. Sub-section (1) of section 5 is based on section 7 of the Conspiracy and Protection of Property Act, 1875, 38 & 39 Viet. c. 86, and sub-sections (2) and (3) of section 5 are based o.. clause 5 of the English bill. The section as a whole is designed to prevent intimidation.

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6. Sub-section (1) of section 6 is based ou clause 6 (2) of the English bill, the Government of Hong Kong taking the place of the local or other public authority English clause. Sub-section (2) of section 6, which is aimed at strikes in essential services which are commenced without due warning, is based on section 4 of the Cons- piracy and Protection of Property Act, 1875, but it extends the principle of that section to electricity, to tele- phone and sanitary services, and to the means of transport by railway, ferry, tram and bus. The English section is confined to gas and water. Sub-section (3) of section 6 is copied from section 5 of the above English Act.

7-(1) Section 7 is intended to free Hong Kong trade unions from the risk of domination by organizations out- side the Colony. Past experience shows that there is a grave danger that such domination, if it were allowed to exist, might in some cases be used, not for any genuine trade union purpose, but for bolshevistic and anti-British objects.

(2) Sub-section (1) accordingly provides that, except with the consent of the Governor in Council, no trade union which is established within the Colony shall be affiliated or connected with any trade union or other orga- nization outside the Colony in such a manner as to place the Hong Kong trade uniou or its members under the con- rol of the organization which is established outside the Colony. Any Hong Kong trade union so affiliated with- out consent will, under sub-section (3) be an unlawful society, or it may, under sub-section (4), be declared an unlawful society. Under sub-section (2) consent can be made retrospective.

(3) In order to facilitate proof, and to avoid doubts as to what establishment within the Colony means, sub-sec- tion (5) specifies certain facts, e.g., the exhibition of a sign board, from which it is to be inferred that a trade union is established within the Colony.