Hong Kong Ordinances

LABOUR RELATIONS ORDINANCE - SECT 35

Making and effect of cooling-off period order

1. not yet in operation 2. Adaptation amendments retroactively made - see 25
of 1998 s. 2; 56 of 2000 s. 3 PART V

COOLING-OFF PERIOD

(1) Where it appears to the Chief Executive in Council- (Amended 56 of 2000 s.
3)

   (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 Chief Executive
        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; (Amended 56 of 2000 s. 3)

   (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 Chief Executive thinks fit. (Amended 56 of 2000 s. 3) [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 Court of First Instance. (Amended 92 of 1975
        s. 59; 25 of 1998 s. 2) [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.]

"irregular industrial action short of a strike"
(未達罷工程度的非正式工業行動);

"lock-out" (閉廠);

"strike" (罷工).