Full legislation
s.35
Making and effect of cooling-off period order
(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.
[cf. 1971 c. 72 s.
138(1) & (2) U.K.]
(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 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.
[cf. 1971 c.72 s. 139(2), (6) & (7)
U.K.]
(3)
Notwithstanding anything in the Trade Unions Ordinance (
Cap. 332
), 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
)(
c)
, 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
)
[cf. 1971 c. 72 s. 139(4) & (5) U.K.]
(4)
In this
section—
irregular
industrial action short of a
strike
(
未達罷工程度的非正式工業行動
) 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
contracts of employment or in breach of their terms and conditions of
service;
(Amended
L.N. 123 of 1982
)
lock-out
(
閉廠
) 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
(
罷工
)
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.
[cf. 1971 c. 72 s. 33(4) U.K.]