Registry No.

DRAFT

HWB 18/2

SECURITY CLASSIFICATION

To:-

Top Secret.

}

Secret.

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

WIBIL 51-74 33

NOTHING TO BE WRITTEN IN THIS MARGIN

In Confidence

19/€

From

LORD SHEPHERD

Mrs. L.M. Jpegar, M.P., House of Commons,

S.W.1.

Type 1 +

Telephone No. & Ext.

Department

I am now able to let you have my further comments

on the representation by Mr. Burn enclosed with your

letter of 13 November.

2.

I should perhaps first of all explain that this is

not, as your letter suggests, a case of a firm meeting

difficulties in prolonged attempts to clarify their

position. The firm's problem lies rather in their

Overse

experience of Chinese workers whom they brought to this

at the employers' expense,

are

country, walking out or terminating their employment

before the completion of the contract. In his efforts

Λ

to find ways of enforcing the contracts Mr. Burn has

approached many public authorities both here and in

Hong Kong, but inevitably the gist of their advice has

been that a contract of employment is a matter between

the parties concerned, and that in the circumstances he

has described, no public authority has either the duty

or the right to enforce compliance with its provisions.

If either party commits a breach of a contract of

employment the remedy, if any, lies in a civil action

in the courts. I am sure that if Mr. Burn has

consulted his solicitor or employers' association he

will have been given similar advice and also that some

of the difficulties that an employer may expect to

encounter in an action against an employee in the courts

will have been explained to him.

13.

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