Business Law China Train Drivers

Business Law

Individual Assignment

Song Chin Yong

S9140000F

BCom23

Question 1

Issue

The issue here is what are the offences committed by the three China train drivers (Zhang, Wang and Chang) that are being charged in court for instilling a riot.

Rule of Law

Offences committed by Zhang, Wang and Chang are numerous and can be broken down as follows.

Under Section 9(1) of the Criminal Law (Temporary Provisions) Act, where it is an offence for any workman to commence, continue, or act in furtherance of a strike.

Under Section 10(a) of the Criminal Law (Temporary Provisions) Act, where any person who instigates or incites others to take part in, or act in furtherance, of a strike, shall be guilty of an offence.

Under Section 503 of the Penal Code, whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

The tort of conspiracy, in which two or more persons agree on a course of conduct to harm another. A conspiracy to commit an illegal act may also amount to a criminal offence.

Breach of contract, by repudiating his liability under the contract before the time for performance is due.

Application

The case can be broken down into three simple segments in which rules of law broken would be apparent.

1. The strike itself

2. Other train drivers were roped in to the strike.

3. Threatening of bodily harm to train drivers to partake in the strike

In the first segment, the three train drivers are clearly guilty of committing the strike, and should be charged under Section 9(1) of the Criminal Law (Temporary Provisions) Act.

In the second segment, taking...