1964_LABOUR_RELATIONS_ORDINANCE — Page 11

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CAP. 55]

Labour Relations

[1975 Ed.

Making and effect of cooling-off period order. [cf 1971 c. 72, s. 138(1) & (2)]

[cf. 1971 c. 72, s. 139(2), (6) & (7).]

PART V

COOLING-OFF PERIOD

35. (1) Where it appears to the Governor in Council—

(a) that, in contemplation or furtherance of a trade dispute, industrial action consisting of—

(i) a strike;

(ii) any irregular industrial action short of a strike; or (iii) a lock-out,

has begun or is likely to begin;

(b) that the situation arising out of the trade dispute is of such a nature, or on such a scale, as to be likely to cause an interruption in the supply of goods or in the provision of services which might—

(i) be gravely injurious to the economy of Hong Kong or seriously affect the livelihood of a substantial number of persons, or create a serious risk of public disorder, or seriously jeopardize the internal security of Hong Kong;

or

(ii) endanger the lives of a substantial number of persons, or expose a substantial number of persons to serious risk of disease or personal injury; and

(c) that, having regard to all the circumstances of the trade dispute, it would be conducive to a settlement of it by negotiation, conciliation, arbitration or the appointment of a board of inquiry if the industrial action were discontinued or deferred,

he may make an order under this section.

(2) An order under this section—

(a) shall specify the area of employment in respect of which the order is to have effect, that area being defined in the order by reference to (or to any combination of) any of the following, that is to say, one or more industries specified in the order, one or more undertakings or parts of undertakings so specified, and one or more descriptions of employees so specified;

(b) shall indicate the scope of the trade dispute in consequence of which the order is made in such manner as may appear to the Governor in Council to be sufficient to indicate the area of employment affected by the trade dispute and the extent of matters to which the trade dispute relates;

(c) may require any person specified in the order, before the end of such period as may be specified in the order for the purposes of this paragraph, to take such steps (whether by way of withdrawing or securing the withdrawal of any instructions issued by or on behalf of that person or otherwise) as may be so specified to secure that any industrial action is discontinued or deferred.