Mr Carler,
Reference.....
26.
P. Brown
gagree
e fou
25
gagree hom
Pise fut there point's
e the draft to Miss.
23
The 25
stressing Ogilvie, demability of replying to Miss Jeger in the course
in view of
of the next week The possibility that hard
"Shepherd will be and-of
Comutiny
다.
S.
ว
3.
Contracte for Overseas Employment
Please see below Sir Francis Herchenroders
advice on the pounts raised mi
077
تان
March,
your
Minute
I have had it typed and
find it very helpful in understanding The position.
Ju summary,
contract
the position seems to be:-
() that whore clauses (eg. 14 (4) and in specific cases 14 (6)) of the model
are in conflict or inconsistent with section (exp. 5(a)(k)) of the Ordinance, the former are
invalid.
(ii) that where different clauses (eg. 9(a) and
model contract appear to 14) of the
conflict, they must be read, so far as possible, to avoid inconsistency
"
(iii) That in view of (i) o (ii) above, a
worker who walks out on otherwise in default of
or who's live contract is
NOT entitled to be repatriated by this employer who brought him from Hong Kong.
I do not think our draft reply to Mrs Jeger needs a great deal of changing as a result of the above advice, but I have made some suggestions in pencil. I had double about the last sentence (marked A) of the 3rd para,
out
reflection, I think it should stand, since the employer cannot recover the passage expensec tom of the worker to this country.. At Bow page 3, I have suggested an addition to take
account of the advice in Sir F. Herchenroder's Minile at
Otherwise, we have not para 3m
committed ourselves too far on the repatriation expenses and are, I believe, strilly cossect in
what we say.
Should the draft now go
ما
Mr Foggon
(and/or Miss Ogilvie), but we need to make it clear
that we wish to avoid any further long delay in issue of letter to Mvc Jeger.
After issue, perhaps we should copy your
Muinte of 7 March and Sir F. Herchenroders advice
아
of 18 March to Hong Kong + a copy of our letter to
Mrs Jeger, with the request for early consideration
to be given to the amendment of the model conliact
to comply with the Ordinance.
thereal
theater. Love
21/3
12
Krown
21.3.68