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HWB.18/2
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Mr. D.P.R. Mackilligan
14/15.
It is not altogether clear just what Mr. Burn wants; his lawyer also finds difficulty in following some of his arguments. He has been lobbying in many places on many aspects for many months. This is one reason why there has been so much regrettable delay in dealing with the matter.
12.
Mr. Burn's general complaint is that the contract is over favourable to the worker, and his Counsel says that some of its clauses are ultra vires. These opinions appear to be based on a misunderstanding; contract is not one upon which the Commissioner of Labour insists but a model which he thinks the employee would be wise to press for.
13.
the
The biggest problem arises over the matter of passages. Mr. Burn complains that a worker gets himself to this country at the expense of one employer and then walks out to a better paid job with someone else. The Ministry of Labour has considered this problem, but, as the Minister informed Mrs. Jeger in a letter of 23 December, 1966, cannot force a man to remain in any employer's service, though they do investigate cases where workers apply for the necessary permission to move if the grounds given appear to be unreasonable. The Ministry believes the number of such cases to be very small, and an extension of the period of notice for termination of the contract from one month to three which the Hong Kong authorities have accepted should serve further to reduce the number.
4. A more fundamental difficulty over passages arises from the contractual obligation on an employer to repatriate a worker. This clause is the contract as a result of Article 13 of the International Labour Office Conventions to which H.M.G. subscribes and in respect of which the Hong Kong Government has made a Declaration of Full Application. It can indeed be argued that the clause gives the unscrupulous worker an unfair advantage, but it was made necessary to correct much more extensive and vicious abuses by employers in the past.
5. The short answer to Mr. Burns is that the recruit- ment of workers from Hong Kong involves some risks. They cannot be entirely eliminated; a recruiter must weigh them against the advantages of the operation and decide whether or not to proceed.
6.
Draft letters to Mr. Hogg and Mrs. Jeger are below.
Mr Mullerky
Juncallanill
(P.M. HEWITT)
10 October, 1967.
I am afraid it has not been possible to submit these oralls to the Secutary of State. In hy absence, would Loud shepherd be good wragt. to write? Managuaids The reply to Mr Hong
very long overdue
For Hewitt in the department
ら
Can für you some of the background on this.
enough
DPR Nachill tin 23/10