ILLEGAL STRIKES AND LOCK-OUTS ORDINANCE, 1927

ILLEGAL STRIKES AND LOCK-OUTS ORDINANCE, 1927

No. 10 of 1927.

An Ordinance to declare and amend the law relating to
illegal strikes and lock-outs, to amend the law relating to
intimidation and to breaches of contracts of service in
certain special cases, to promote the independence of trade
unions established within the Colony and for Purposes
connected with the aforesaid purposes.

[8th July, 1927.]

1. This Ordinance may be cited as the Illegal Strikes and
Lock-Outs Ordinance, 1927.

2. In this Ordinance,

(a) ' Strike ' means the cessation of work by a body of
persons employed acting in combination, or a concerted refusal,
or a refusal under a common understanding, of any number of
persons who are or have been employed, to continue to work or
to accept employment;

(b) ' Trade union ' means any combination of persons
employed, whether a temporary or a permanent combination
and whether a branch association or not, which has among its
objects the regulation of the relations between employers and
employed.

It is hereby declared that any strike is illegal if it
has any object other than or in addition to the furtherance of a
trade dispute within the trade or industry in which the strikers
are engaged and is a strike designed or calculated to coerce the
Government either directly or by inflicting hardship upon the
community or any substantial portion of the corrifflunity; and
it is further declared that it is illegal to commence or to continue,
or to apply any sums in furtherance or support of, any such
illegal strike.

(2) It is hereby declared that any lock-out is illegal if it
has any object other than or in addition to the furtherance 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 community; and it is further declared that it is illegal
to commence or to continue, or to apply any sums in furtherance
or support of, any, such illegal lock-out.

(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 expression
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: Provided that no
person shall be deemed to have commit ted an offence under this
section or at common law by reason only of his having ceased
work or refused to continue 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 notwithstanding.

(2) Nothing in the rules of a trade union or society
requiring 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 member-





ship 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 Aegal 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 on business or happens
to be, or the approach to such house or place ; or

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

(2) It is hereby declared that it is unlawful for one or more
.persons. (whether acting on their own behalf or on behalf of a
trade union or society or of an individual employer or firm and
notwithstanding that they may be acting in contemplation or
furtherance of a trade dispute) to attend at or near a house or
place where a person resides or works or carries on business or
happens to be, for the purpose of obtaining or communicating
information or of persuading or inducing any person to work
or to abstain from working, if they so attend in such numbers
or otherwise in such manner as to be calculated to intimidate
any person in that house or place or to obstruct the approach
thereto or egress therefrom or to lead to a breach of the peace
and attending at or near any house or place in such numbers
or in such manner as is by this sub-section declared to be
unlawful shall be deerned to be a watching or besetting of that
House or place within the meaning of sub-section (1).

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) In this section the expression ' to intimidate ' means
to cause in the mind of a person a reasonable apprehension of
injury to him or to any member of his family or to any of his
dependants or of violence or damage to any person or property,
and the expression ' injury ' includes injury other than physical
or material injury, and accordingly the expression ' apprehen-
sion of injury, ' includes an apprehension of boycott or loss of
any kind or of exposure to hatred, ridicule or contempt.

6.-(1) No person who is employed in the service of the
Crown under the Government of Hong Kong shall wilfully break
dn agreement for service under the Crown if he knows or has
reasonable cause to believe that the probable consequence of his
so doing, either alone or in combination with others, would,
failing the adoption of extraordinary measures, be to hinder or
prevent the discharge of the functions of the Government.

(2) For the purpose of sub-section (1) and without prejudice
to the interpretation of any express term of the agreement.
other than a term relating to notice, a person who is employed
in the service of the Crown shall be deemed to break his agree-
ment for service under the Crown if he absents himself frorn
duty without leave and without having given to the head of his
department one months notice in writing terminating with the
last day of a calendar month or if he wilfully refuses duty
or if he wilfully omits to perform his duty: Provided that the
provisions of this sub-section relating to notice,shall not apply
to any person who is engaged by the day or who is paid daily

(3) No person Who is employed by any company, firm or
person engaged in the business of supplying electric current
or gas to the public, or engaged in maintaining any public
trarnway, bus service dr public ferry, or engaged in maintaining
any telephone or sanitarv service, shall wilfully break a contract
of service with such company, firm or person as aforesaid, if
he knows or has reasonable cause to believe that the probable
consequence of his so doing, either alone or in combination with
others, would, failing the adoption of extraordinary measures,
be to deprive the inhabitants of the Colony or a substantial
number of them,, wholly or to a great extent, of their supply of
electric current or gas or of the ordinary facilities of transport
or of the ordinary telephone or sanitary services.

(4) No person shall wilfully break any contract of service





if he knows or has reasonable cause to believe that the probable
consequences of his so doing, either alone or in combination
with others, would, failing the adoption of extraordinary meas-
ures, be to endanger human life or to dause serious bodily
injury or to expose valuable property whether movable or
immovable to destruction or serious injury.

7.(1) 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 organization
which is established outside the Colony in such a manner as
to place the trade union which is established within the Colony,
,or any of its members, in any way or in any matter under
the control of the trade union or other organization which is
established outside the Colony.

(2) Any consent of the Governor in Council under the
provisions of sub-section (1) may be made retrospective in effect
to such date as the Governor in Council thinks fit.

(3) Every trade union go affiliated or connected which has
not obtained the consent of the Governor in Council to be so
affiliated or connected, or from which any such consent has been
withdrawn, shall be deemed to be an unlawful society within
the meaning and for all the purposes of the Societies Ordinance,
1920.

(4) It shall be lawful for the Governor in Council in his
absolute discretion to declare any trade union which in his
opinion is so affiliated or connected, and which has not obtained
the consent of the Governor in Council to be so affiliated or
co finected, or from which any such consent has been withdrawn,
to be an unlawful society within the meaning and for all the
purposes of the Societies Ordinance, 1920.

(5) Without prejudice to any other method of proof, a trade
union shall for the purposes of sub-section (1) be deemed to be
established within the Colony

(a) if it maintains, either continuously or from time to
time, any office or any other premises within the Colony;


(b) if it maintains, either continuously or from time to
time, any officer within the Colony;

As amended by Law Rev. Ord., 1939, Supp. Sched.





(c) if a sign-board bearing its name is displayed at any
place in the Colony, whether public or private, unless it is proved
that such sign-board was so displayed without the knowledge of
any officer of such trade union ; or

(d) if any document is found in the Colony which purports
or appears to be a direction or notice on behalf of such trade
union to any person or persons with regard to any action by
such person or persons within the Colony, unless it is proved
that such direction or notice-

(i) was issued without the knowledge of any officer of. such
trade union, or

(ii) was not intended as a direction or notice with regard to
any action by, such person or persons within the Colony.

(6). Subject to the provisions of sub-section (8), no person
shall on behalf of or in the name of any trade union which is
established outside the Colony give or attempt to give, directly
or indirectly, any direction or notice to any person or persons
with regard to any acdon by such person or persons within the
Colony.

(7) Subject to the provisions of sub-section (8), no person
shall without lawful authority or excuse have in his possession
any document which purports or appears to be a direction or
notice on behalf of or in the name of any trade union which
is established outside the Colony with regard to any action by
any person or persons within the Colony.

(8) The provisions of sub-sections (6) and (7) shall not
apply to any direction or notice issued or given on behalf of or
in the name of any trade union which is established outside the
Colony to the members of any trade union which is established
within the Colony if the trade,union which is established within
the Colony is with the consent of the Governor in Council
affiliated or connected with the trade union which is established
outside the Colony.

(9) In any prosecution under this section. the onus of
proving that any organization in question was not a trade union,
or that any organization in question was not a trade union which
was established outside the Colony, shall lie on the Mendant.





8. It shall not be lawful to apply any of the funds of any
trade union to any political purpose outside the Colony and no
person shall require or invite any member of a trade union or
any otherperson to make any contribution to the funds of any
trade union for any political purpose outside the Colony.

9. Without prejudice to the right of any person having a
sufficient interest in the relief SOLIght to sue or apply for an
injunction to restrain any application of the funds of a trade
union in contravention of the provisions of this Ordinance, such
an injunctionpay be granted at the suit or upon the application
of the Attorney General.

10. Every person who contravenes any of the provisions of
this Ordinance shall upon summary conviction be liable to a
Fine not exceeding five hundred dollars and to imprisonment for
any term not exceeding six months.

11. No posecution for any offence under section 3, 6, 7
or 8 shall be commenced without the consent of the Attorney
General.

No. 11 of 1927, repealed by No. 22 of 1936.

No. 12 of 1927, reptaled by No. ii of 1937.

No. 13 of 1927, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 14 of 1927, repealed by No. 15 Of 1933.

No. 15 of 1927, incorporated in No. 1 of 1868.

No. 16 of 1927, repealed by No. 36 of 1931.

No. 17 of 1927, incorporated in No. 7 Of 1889.
[Originally No. 10 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Illegal striles and lock-outs. Protection of persons refusing to take part in illegal strikes. Prevention of intimidation. 38 & 39 Vict. c. 8, s. 7. 17 & 18 Geo. 5, c. 22, s. 3. Breach of contract of service to be an offence in certain cases. 38 & 39 Vict. c. 86, ss. 4, 5. Hong Kong trade union not be under the control of any trade union or other organization outside the Colony. Ordinance No. 8 of 1920. [s. 7 contd.] Trade union funds not to be used for political purposes outside the Colony. Restraint of application of funds of trade unions, etc., in contravention of Ordinance. Penalties. Sanction of Attorney General. [15.5.36.] [30.7.37.] [23.6.33.] [1.1.32.]

[Originally No. 10 of 1927. Law Rev. Ord., 1939.] Short title. Interpretation. Illegal striles and lock-outs. Protection of persons refusing to take part in illegal strikes. Prevention of intimidation. 38 & 39 Vict. c. 8, s. 7. 17 & 18 Geo. 5, c. 22, s. 3. Breach of contract of service to be an offence in certain cases. 38 & 39 Vict. c. 86, ss. 4, 5. Hong Kong trade union not be under the control of any trade union or other organization outside the Colony. Ordinance No. 8 of 1920. [s. 7 contd.] Trade union funds not to be used for political purposes outside the Colony. Restraint of application of funds of trade unions, etc., in contravention of Ordinance. Penalties. Sanction of Attorney General. [15.5.36.] [30.7.37.] [23.6.33.] [1.1.32.]

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