ILLEGAL STRIKES AND LOCK-OUTS ORDINANCE

ILLEGAL STRIKES AND LOCK-OUTS ORDINANCE

CHAPTER 61.

ILLEGAL STRIKES AND LOCK-OUTS.

To Prevent strikes and lock-outs having an object other than or in
addition to the furtherance of a trade dispute within the trade or
industry in which the disputants are engaged and being
calculated to coerce the Government, and to prevent breaches of
contract of service the consequence of which may be injurious to
the public.

[29th April, 1949.]

1. This Ordinance may be cited as the Illegal Strikes and Lock-
outs Ordinance.

2. In this Ordinance-

'lock-out' means the closing of a place of employrnent or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him in consequence
of a dispute, done with a view to compelling those persons, or to
and another employer in compelling persons employed by him to
accept terms or conditions of or affecting employment;

'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; and

'trade union' and 'trade dispute' shall have the meanings assigned to
them in the Trade Unions and Trade Disputes Ordinance.

3. (1) A strike shall be 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
community; and it shall be an offence to commence or to continue, or
to apply any sums in furtherance or support of, any such illegal strike.





(2) A lock-out shall be 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 shall be an offence
to commence or to continue, or to apply any sums in furtherance or
support of, any such illegal lockout.

(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 expressed by this
Ordinance to be illegal : Provided that no person shall be deemed to
have committed 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.

(6) For the purpose of this section a strike or lockout shall not be
deemed to be calculated to coerce the Government unless such
coercion ought reasonably to be expected as a consequence thereof.

4. (1) No person refusing to take part or to continue to take part in
any strike or lock-out which is by this Ordinance expressed 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 exemp-
tion 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 ofthe trade union or society such sum by way
of compensation or damages as the court thinks just.

5. (1) No person who is employed in the service of
the Crown under the Government or by any company firm
or person engaged in supplying water, electric current or
gas to the public, or engaged in maintaining any public
tramway, bus service or public ferry, or engaged in mainlaining any
telephone or sanitary service, shall wilfully
break a contract of service with the Crown or 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 water, electric current or gas or of the ordinary facilities
of transport or of the ordinary telephone or sanftary ser-
vices.

(2) 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 measures, be to
endanger human life or to cause serious bodily injury or to expose
valuable property whether movable or immovable to destruction or
serious injury.





(3) For the purpose of subsection (i) 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 agreement for service under the
Crown if he absents himself from duty without leave and without
having given to the head of his department one month's notice in
writing terminating with the last day of a calendar month or if he
wilfuly refuses duty or if he wilfully omits to perform his duty.
Provided that the provisions of this subsection relating to notice shall
not apply to any person who is engaged by the day or who is paid
daily.

6. Any person who contravenes any of the provisions of this
Ordinance shall upon summary conviction be liable to a fine of one
thousand dollars and to imprisonment for six months.

7. No prosecution for any offence under section 3 or shall be
commenced without the consent of the Attorney General.

8. This Ordinance shall continue in force until and including the
31st day of December 1951. Provided that it shall be lawful for the
Legislative Council from time to time by resolution to extend the
duration of this Ordinance for such term, not exceeding one year at any
one time, as may be specified in such resolution.
16 of 1949. Short title. Interpretation .17 & 18 Geo. 5, c. 22, s. 8. (Cap. 64.) Illegal strikes and lock-outs, 17 & 18 Geo. 5, c. 20, s. 1. S. 8 (2) ©. Protection of person refusing to take part in illegal strikes, lock-outs, 17 & 18 Geo. 5, c. 22, s. 2. [s. 4 cont.] Breach of contract of service to be an offence in certain cases. 38 & 39 Vict, c. 86, s. 4. 38 & 39 Vict. C. 86, s. 5. Penalties. Sanction of Attorney General. Duration of Ordinance. G.N.A. 274/50.

16 of 1949. Short title. Interpretation .17 & 18 Geo. 5, c. 22, s. 8. (Cap. 64.) Illegal strikes and lock-outs, 17 & 18 Geo. 5, c. 20, s. 1. S. 8 (2) ©. Protection of person refusing to take part in illegal strikes, lock-outs, 17 & 18 Geo. 5, c. 22, s. 2. [s. 4 cont.] Breach of contract of service to be an offence in certain cases. 38 & 39 Vict, c. 86, s. 4. 38 & 39 Vict. C. 86, s. 5. Penalties. Sanction of Attorney General. Duration of Ordinance. G.N.A. 274/50.

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