LABOUR RELATIONS ORDINANCE

LABOUR RELATIONS ORDINANCE

LAWS OF HONG KONG

LABOUR RELATIONS ORDINANCE

CHAPTER 55





CHAPTER 55

LABOUR RELATIONS ORDINANCE

ARRANGE~ OF SECTION

Section..................................... Page

PART 1

PRELIMINARY

1....................Short title and commencement ... ... ... ... ... ... ... ... ... 3

2...........Interpretation ................... ... ... ... ... ... ... ... ... ... 3

PART 11

CONCILIATION

3..................................Conciliation . ... 4

4. Report by conciliation officer ... ... ... ... ... ... ... ... ... ... 4

5...............Special conciliation ......... ... ... ... ... ... ... ... ... ... 4

6......................Publication of special conciliation ... ... ... ... ... ... ... ... 4
7......................Report by special conciliation officer ... ... ... ... ... ... ... ... 5

8..........................Memorandum of settlement of trade dispute ... ... ... ... ... ... 5

9.................Privileged communications ... ... ... ... ... ... ... ... ... ... 5

10.....................Submission to Governor in Council ... ... ... ... ... ... ... ... 5

11..........................Reference to arbitration or board of inquiry ... ... ... ... ... ... 5

PART III

ARBITRATION

12..............Arbitration tribunal ............ ... ... ... ... ... ... ... ... 5
13..............Hearing to be in private .. ... ... ... ... ... ... ... ... ... ... 6

14............Place of hearing ............... ... ... ... ... ... ... ... ... ... 6

is.................Language of arbitration ... ... ... ... ... ... ... ... ... ... 6

16............Right of audience .............. ... ... ... ... ... ... ... ... ... 6

17........Evidence ........................... ... ... ... ... ... ... ... ... 6

18............................Use of evidence in civil or criminal proceedings ... ... ... ... ... 7

19.....................Award of an arbitration tribunal ... ... ... ... ... ... ... ... 7

20.................Remuneration of arbitrator ... ... ... ... ... ... ... ... ... ... 7

21.....................Arbitration Ordinance not to apply ... ... ... ... ... ... ... ... 7

PART IV

BOARD OF INQUIRY

22............Board of inquiry ............... ... ... ... ... ... ... ... ... ... 7






23. Terms of reference and report of board of inquiry 7

24. Hearing to be in public or in private ... ... ... ... ... ... ... ... ... 8
25. Place of hearing ... ... ... ... ... ... ... ... ... ... ... ... ... 8
26. Language of proceedings ... ... ... ... ... ... ... ... ... ... ... 8
27. Right of audience ... ... ... ... ... ... ... ... ... ... ... ... ... 8
28. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
29. Use of evidence in civil or criminal proceedings ... ... ... ... ... ... 8





Section Page

30. Contempts to be offences ... ... ... ... ... ... ... ... ... ... ... 9
31. Protection of members of board of inquiry, etc . ... ... ... ... ... ... 9
32. Police and bailiffs to assist board of inquiry ... ... ... ... ... ... ... 9
33. Cost of inquiry ... ... ... ... ... ... ... ... ... ... ... ... ... 9

34......................................Publication of, and comments on, proceedings of board of inquiry ... 9

PART V

COOLINC-OFF
PERIOD

35..........................Making and effect of cooling-off period order ... ... ... ... ... ... 10

36.....................Duration of cooling-off period order ... ... ... ... ... ... ... ... 12

37, Proceedings for contempt...... ... ... ... ... ... ... ... ... ... ... 12





CHAPTER 55

LABOUR RELATIONS

To provide for improvement of labour-management relations and the
settlement of trade disputes and matters incidental thereto.

[1st August, 1975.1

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Labour Relations
Ordinance.

(2) Part V shall come into operation on a day to be appointed by the
Governor in Council by notice in the Gazette.

2. In this Ordinance, unless the context otherwise requires

,,arbitration' means arbitration in a trade dispute under Part III;

'.arbitration tribunal' means an arbitration tribunal appointed under
section 12;

'board of inquiry' means a board of inquiry appointed under section 22;

'Commissioner' means the Commissioner for Labour;

'conciliation' means a discussion or action initiated or undertaken by a
conciliation officer to assist the parties to a trade dispute to reach a
settlement of the trade dispute;

'conciliation officer' means an officer of the Labour Relations Division
of the Labour Department who is authorized by the Commissioner
under section 3(c) to initiate or undertake conciliation;

'employee' means any person who has entered into or works under (or,
in the case of a contract which has been terminated, worked under)
a contract with an employer, whether the contract is by way of
manual labour, clerical work or otherwise, is express or implied, oral
or in writing, and whether it is a contract of service or
apprenticeship or a contract personally to execute any work or
labour;

,&employer' means the person by whom an employee is (or, in a case
where the employment has ceased, was) employed;

'party' means a party to a trade dispute;

'special conciliation' means a discussion or action initiated or
undertaken by a special conciliation officer to assist the parties to a
trade dispute to reach a settlement of the trade dispute;





'special conciliation officer' means a senior officer of the Labour
Relations Division of the Labour Department, or any other public
officer or person, who is authorized by the Commissioner under
section 5 to initiate or undertake special conciliation;

'trade dispute' means any dispute or difference between employers and
employees, or between employees and employees, connected with
the employment or non-employment, or the terms of employment, or
with the conditions of or affecting employment, of any person.

PART II

CONCILIATION

3. Where a trade dispute exists or is apprehended the Commissioner
may, with the object of promoting settlement of the trade dispute,

(a)inquire into the causes and circumstances of the trade dispute;

(b)take such steps as to him may seem expedient for the purpose
of assisting the parties to reach a settlement of the trade
dispute;

(c)authorize a conciliation officer to initiate or undertake
conciliation.

4. (1) Where a conciliation officer has attempted conciliation but no
settlement of the trade dispute has been reached, the conciliation officer
shall without delay report the matter to the Commissioner.

(2) In a report under subsection (1), the conciliation officer shall set
out, in addition to any other information which he considers will be of
assistance to the Commissioner, such facts as appear to him to be agreed
by all or any of the parties and such facts as appear to him to be in
dispute between any of the parties.

5. (1) On receipt of a report under section 4, the Commissioner may
authorize a special conciliation officer to initiate or undertake special
conciliation.

(2) The Commissioner, instead of authorizing a conciliation officer
under section 3(c), may, if he is of the opinion that the circumstances of
the trade dispute so warrant, authorize a special conciliation officer to
initiate or undertake special conciliation.

6, The Commissioner may publish the name of the special
conciliation officer authorized under section 5 and particulars relating to
the parties in such manner as be thinks fit.





7. (1) Where a special conciliation officer has attempted special
conciliation but no settlement of the trade dispute has been reached, the
special conciliation officer shall without delay report the matter to the
Commissioner.

(2) In a report under subsection (1), the special conciliation officer
shall set out, in addition to any other information which he considers will
be of assistance to the Commissioner, such facts as appear to him to be
agreed by all or any of the parties and such facts as appear to him to be
in dispute between any of the parties.

8. Where a settlement of a trade dispute is reached by conciliation or
special conciliation, a memorandum of the terms of the settlement shall be
drawn up and signed by the parties, or their representatives, and a copy
of the memorandum shall be delivered to the Commissioner.

9. Anything communicated to a conciliation officer or special
conciliation officer in connexion with the performance of his functions
under this Ordinance shall not be admissible in evidence in any
proceedings before an arbitrator or board of inquiry, except with the
consent of the person who communicated it to the conciliation officer or
special conciliation officer.

10. (1) On receipt of a report under section 7, the Commissioner may
submit a report on the trade dispute to the Governor in Council with
such recommendation as he thinks fit.

(2) In a report under subsection (1), the Commissioner shall set out
such matters relating to the trade dispute as he considers will be of
assistance to the Governor in Council.

11. The Governor in Council may, on considering a report and
recommendation submitted under section 10,

(a)with the consent of the parties, refer the trade dispute to
arbitration;

(b) refer the trade dispute to a board of inquiry; or

(c)take such other action as the circumstances of the trade
dispute may warrant.

PART III

ARBITRATION

12. (1) Where under section 11 the Governor in Council refers a
trade dispute to arbitration, he shall appoint an arbitration tribunal which
shall consist of

(a) a sole arbitrator; or

(b)3 arbitrators, one of whom shall be appointed as the chairman.





(2) The Governor in Council shall, when appointing an arbitration
tribunal under subsection (1), specify the period within which the
arbitration shall be concluded.

(3) For the purpose of facilitating the appointment of an arbitrator to
an arbitration tribunal under subsection (1), the Governor shall
constitute a panel of persons who appear to him to be suitable for such
appointment.

13. An arbitration shall be conducted in private.

14. An arbitration tribunal shall sit for the conduct of an arbitration
at such places and times as, having regard to the convenience of the
parties and witnesses, it thinks fit.

15. An arbitration shall be conducted in the English or Chinese
language as the arbitration tribunal thinks fit.

16. (1) Subject to subsection (3), the following persons shall have a
right of audience before an arbitration tribunal

(a) any party;

(b)an office bearer of a registered trade union or of an association
of employers, if

(i) the trade union or association is a party; or

(ii) members of the trade union or association are parties;

(c)if all parties agree, a barrister or solicitor representing a party;
and

(d)subject to subsection (2), any other person representing a
party.

(2) An office bearer of a registered trade union or of an association
of employers, or a barrister or solicitor, shall not have a right of audience
on behalf of a party under subsection (1)(d)

(3) A person referred to in subsection (1)(b) or (d) shall have a right
of audience on behalf of a party only if he is authorized in writing by the
party to represent it.

17. (1) For the purposes of an arbitration, an arbitration tribunal may
require any person

(a)to furnish, in writing or otherwise, such particulars in relation
to such matters as it may specify;

(b) to attend before it and give evidence on oath or otherwise;

(c) to produce such documents as it may specify.

(2) A requirement of an arbitration tribunal under subsection (1)
shall be enforceable in like manner as an order of the

High Court. (Amended, 92 of 1975, s. 59)





(3) For the purposes of an arbitration, an arbitration tribunal
shall not be bound by the rules of evidence in civil or criminal pro-
ceedings.

18. Evidence given by a person in an arbitration shall not be
admissible against him in any civil or criminal proceedings by
or against him, except where he is charged with an offence under
Part V (Perjury) of the Crimes Ordinance.

19. (1) On an arbitration the arbitration tribunal shall make
such award as it thinks fit.

(2) Where under section 12(1) an arbitration tribunal consists
of 3 arbitrators, an award may be made by any 2 arbitrators.

(3) The arbitration tribunal shall submit the award to the
Governor in Council, who shall as soon as possible cause it to be
published in such manner as he thinks fit.

20. The Governor may pay to an arbitrator such remuneration
out of the general revenue of Hong Kong as he thinks fit.

21. The Arbitration Ordinance shall not apply to any arbitra-
tion, or to any award made by an arbitration tribunal, under this
Ordinance.

PART IV

BOARD OF INQUIRY

22. (1) Where under section 11 the Governor in Council
refers a trade dispute to a board of inquiry, he shall appoint a board
of inquiry consisting of one or more members as he thinks fit.

(2) If a board of inquiry appointed under subsection (1)
consists of two or more members, the Governor in Council shall
nominate a member to be the President of the board of inquiry.

(3) The Governor in Council shall, when appointing a board
of inquiry under subsection (1), specify the period within which the
board of inquiry shall submit a report of its findings.

23. (1) A board of inquiry shall inquire into the causes and
circumstances of a trade dispute and shall submit a report of its
findings to the Governor in Council.

(2) A board of inquiry may include in a report submitted under
subsection (1) such recommendation as it thinks fit.

(3) A board of inquiry may, before submitting a report of its
finding, submit such interim reports as it thinks fit.

(4) The Governor in Council shall as soon as possible after
the receipt of a report of a board of inquiry cause it to be published
in such manner as he thinks fit.





24. The proceedings of a board of inquiry may be held in public
or in private as the board of inquiry thinks fit.

25. A board of inquiry shall sit at such places and times as,
having regard to the convenience of the parties and witnesses, it
thinks fit.

26. The proceedings before a board of inquiry shall be con-
ducted in the English or Chinese language as the board of inquiry
thinks fit.

27. (1) Subject to subsection (3), the following persons shall
have a right of audience before a board of inquiry-

(a) any party;
(b)an office bearer of a registered trade union or of an associa-
tion of employers, if-
(i) the trade union or association is a party; or
(ii) members of the trade union or association are
parties; and

(c)subject to subsection (2), any person (including a barrister
or solicitor) representing a party.

(2) An office bearer of a registered trade union or of an associa-
tion of employers shall not have a right of audience on behalf of a
party under subsection (1)(c).

(3) A person referred to in subsection (1)(b) or (c) (other than a
barrister or solicitor) shall have a right of audience on behalf of a
party only if he is authorized in writing by the party to represent it.

28. (1) For the purposes of an inquiry, a board of inquiry may
require any person-
(a)to furnish, in writing or otherwise, such particulars in rela-
tion to such matters as it may specify;
(b) to attend before it and give evidence on oath or otherwise;

(c) to produce such documents as it may specify.

(2) A requirement of a board of inquiry under subsection (1)
shall be enforceable in like manner as an order of the High
Court. (Amended, 92 of 1975, s. 59)

(3) For the purposes of an inquiry, a board of inquiry shall not
be bound by the rules of evidence in civil or criminal proceedings.

29. Evidence given by a person before a board of inquiry shall
not be admissible against him in any civil or criminal proceedings
by or against him, except where he is charged with an offence under
Part V (Perjury) of the Crimes Ordinance.





30. Any person who, at a hearing by a board of inquiry,-

(a)uses a threatening or insulting expression to or concerning or
in the presence of the board of inquiry; or

(b)behaves in an insulting manner or wilfully interrupts the
proceedings,

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 3 months.

31. (1) No member of a board of inquiry shall be liable to any suit or
other proceeding for any act or thing done by him bona fide as such
member of the board of inquiry:

Provided that nothing in this subsection shall be deemed to limit the
power of the High Court to make an order of mandamus, certiorari or
prohibition in relation to proceedings before a board of inquiry.
(Amended, 92 of 1975, s. 59)

(2) All evidence given before a board of inquiry shall be absolutely
privileged, and no person giving such evidence shall be liable to any
suit or other civil proceeding in respect thereof.

32. Police officers and bailiffs of the court shall assist a board of
inquiry, which is conducting an inquiry under this Part, in such matters
as the board of inquiry may require and may do all such things as are
necessary for the purpose of rendering such assistance.

33. The cost of an inquiry conducted under this Part shall be a
charge on the general revenue of Hong Kong.

34. (1) Subject to subsection (2), no person shall be liable to any
civil or criminal proceedings by reason of his publishing a fair and
accurate report or summary of any evidence received in proceedings
before a board of inquiry.

(2) No person shall-

(a)publish or otherwise disclose any evidence received in
proceedings held in private;

(b)publish or otherwise disclose any evidence received in
proceedings held in public the publication or disclosure of
which a board of inquiry has prohibited;

(c)publish any comment on any proceedings, or on any evidence
received in proceedings, before a board of inquiry until the
report of the board of inquiry is published under section 23(4).

(3) Any person who contravenes subsection (2) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.





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 other





wise) as may be so specified for the purpose of securing that
the industrial action specified in the order is discontinued or,
as the case may be, deferred during the period of effect of the
order;

(d)shall specify the date on which the order is to take effect and
the period for which the order is to remain in force;

(e)shall be published in the English and Chinese languages in
such manner as the Governor thinks fit.

(3) Notwithstanding anything in the Trade Unions Ordinance,

any person who,-

(a) during the period of effect of an order under this section,(i) calls,
organizes, procures or finances a strike, or threatens to do
so;

(ii) organizes, procures or finances any irregular industrial
action short of a strike, or threatens to do so;

(iii) institutes, carries on, authorizes, organizes or finances a
lock-out, or threatens to do so;

(iv) penalizes or otherwise discriminates against an
employee by reason of the employee taking part, or failing or
refusing to take part, in the trade dispute in consequence of
which the order is made,

within the area of employment specified in the order or any
part of that area; or

(b) contravenes any requirement under subsection (2)(e),
shall be guilty of contempt and may be dealt with in like manner as
if he had been guilty of contempt of the High Court. (Amended,
92 of 1975, s. 59)

(4) In this section-

'irregular industrial action short of a strike' means any concerted
course of conduct (other than a strike) which, in contemplation
or furtherance of a trade dispute,-

(a)is carried on by a group of employees with the intention of
preventing, reducing or otherwise interfering with the
production of goods or the provision of services; and

(b) in the case of some or all of them, is carried on in breach of their
comtracts of employment or in breach of their terms and
conditions of service;

'lock-out' means the closing of a place of employment, 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 trade dispute, done with a view to compelling those persons, or to
aiding another employer in compelling persons employed by him, to
accept terms or conditions of or affecting employment;

',strike' means-

(a)the cessation of work by a body of persons employed acting in
combination; or





(b)a concerted refusal, or a refusal under a common
understanding, of any number of persons employed, to
continue to work for an employer in consequence of a trade
dispute,

done as a means of compelling

(i) their employer or the employer of any other person or body of
persons; or

(ii) any person or body of persons employed, to accept or not to
accept terms or conditions of or affecting employment.

36. (1) Subject to subsection (2), the initial period during which an
order under section 35 may remain in force shall be a period not
exceeding 30 days from the date it is to take effect.

(2) The Governor in Council may, if he thinks it is desirable to do so,
extend the period of effect of an order under section 35 to a period not
exceeding 60 days in the whole.

(3) If the period of effect of an order under section 35 is extended
under subsection (2), notice of such extension shall be published in the
English and Chinese languages in such manner as the Governor thinks
fit.

37. (1) Proceedings for contempt under section 35(3) shall be
brought in the High Court on application by the Attorney General.

(2) The Chief Justice may make rules providing for the procedure in
proceedings for contempt under subsection (1) and in the absence of
such rules the High Court may apply such rules of

procedure as it thinks fit.(Amended, 92 of 1975, s. 59)
Originally 55 of 1975. 92 of 1975. Short title and commencement. Interpretation. Conciliation. Report by conciliation officer. Special conciliation. Publication of special conciliation. Report by special conciliation officer. Memorandum of settlement of trade dispute. Privileged communications. [cf. 1971 c. 72, s. 146(6).] Submission to Governor in Council. Reference to arbitration or board of inquiry. Arbitration tribunal. Hearing to be in private. Place of hearing. Language of arbitration. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Award of an arbitration tribunal. Remuneration of arbitrator. Arbitration Ordinance not to apply. (Cap. 341.) Board of inquiry. Terms of reference and report of board of inquiry. Hearing to be in public or in private. Place of hearing. Language of proceedings. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Contempts to be offences. Protection of members of board of inquiry, etc. Police and bailiffs to assist board of inquiry. Cost of inquiry. Publication of, and comments on, proceedings of board of inquiry. 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).] [cf. 1971 c. 72, s. 139(4) & (5).] (Cap. 332.) [cf. 1971 c. 72 s. 33(4).] Duration of cooling-off period order. [cf. 1971 c. 72, s. 140(2).] Proceedings for contempt.

Originally 55 of 1975. 92 of 1975. Short title and commencement. Interpretation. Conciliation. Report by conciliation officer. Special conciliation. Publication of special conciliation. Report by special conciliation officer. Memorandum of settlement of trade dispute. Privileged communications. [cf. 1971 c. 72, s. 146(6).] Submission to Governor in Council. Reference to arbitration or board of inquiry. Arbitration tribunal. Hearing to be in private. Place of hearing. Language of arbitration. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Award of an arbitration tribunal. Remuneration of arbitrator. Arbitration Ordinance not to apply. (Cap. 341.) Board of inquiry. Terms of reference and report of board of inquiry. Hearing to be in public or in private. Place of hearing. Language of proceedings. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Contempts to be offences. Protection of members of board of inquiry, etc. Police and bailiffs to assist board of inquiry. Cost of inquiry. Publication of, and comments on, proceedings of board of inquiry. 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).] [cf. 1971 c. 72, s. 139(4) & (5).] (Cap. 332.) [cf. 1971 c. 72 s. 33(4).] Duration of cooling-off period order. [cf. 1971 c. 72, s. 140(2).] Proceedings for contempt.

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