Sessional_Paper_1939 — Page 132

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importing, making, printing, reproducing, having in possession, having under control, placarding, posting, disseminating, or in any other manner whatsoever deal- ing with any printed, written, or otherwise produced documents, papers, matter, or pictorial representations, or the doing of any acts, intended or calculated to persuade or induce any person or persons-

(i)

not to let, hire, use, make use of, or occupy any immovable or mov- able property in any lawful manner; or

(ii) not to deal with, trade with, work for or hire in any lawful manner any person or persons in the ordinary course of trade, business, occupation, employment or undertaking; or

(iii) not to carry out or comply with the requirements of the law; or

(iv) to refuse to comply with or to interfere with the administration of the law.

The Ordinance also defines "society" as including any company, corporation, club, guild, or any combination or association of any kind whatsoever consisting of more than two persons whether such combination or association be known or designated by any distinctive name or not.. and section 3 provides that every person who is a member of or takes part in any society which uses violence, threat, in- timidation to or towards any person or persons with the view of causing any person or persons either to do any act which such person or persons has or have a legal right to abstain from doing or to abstain from doing any act which such person or persons has or have a legal right to do shall be deemed to have committed an offence against the provisions of the Ordinance.

Under this Ordinance the Governor in Council is empowered to proclaim that any area in the Colony shall be deemed to be a boycotting area and to levy a special rate upon such proclaimed area.

105. The operation of the Boycott Prevention Ordinance was suspended by Proclamation No. 3 of 1913. As it was not found necessary to rescind this order even during the general strikes of 1922 and 1925, the retention of the Ordinance in the statute book would appear to be unnecessary, apart from any question of its desirability.

106. All necessary powers to deal with an emergency appear to be contained in the Emergency Regulations Ordinance No. 5 of 1922, but it is submitted that it is anomalous to keep regulations under this Ordinance, which is designed to cope with occasions of emergency, in operation, as was recently done, from 1925 to the time of writing.* Any legislation found necessary for such a prolonged period should more properly be incorporated in the general legislation of the Colony: action along that line is already under contemplation by Government. While emer- gency regulations have occasionally been issued respecting such things as the importation of milk, and the collection of shellfish during a cholera epidemic, the general purport of the regulations is to prevent disorder.

107. The power of summary expulsion under regulation 4 of any person having no regular employment in the Colony has been referred to in paragraph 17.

108. By regulation 5 the holding of any meeting which is likely to be con- ducted in a seditious or disorderly manner, or at or during which seditious or disorderly words are likely to be uttered or seditious or disorderly publications are likely to be exhibited or at or during which a general strike is likely to be advocated or promoted, may be prohibited by order published in the Gazette.

109. Without the permission in writing from the Secretary for Chinese Affairs no meeting whatsoever shall be held on board any vessel (not being or having the status of a ship of war), or on any pier or wharf. This regulation (7) reflects the influence exercised by the Seamen's Union during the strikes of 1922 and 1925.

* They were re-enacted in 1931 and 1938.