CYPHER/CAT A
PRIORITY COMMONWEALTH OFFICE
EGRAM NUMBER 1352
RESTRICTED
TOP COF
TO GOV HONG KONG
2 AUGUST 1968,
RESTRICTED
KEUTRAL
YOUR TELEGRAM NO. 944.
170
LAST
REF.
(10)
DRAFT EMPLOYMENT BILL
NEXT REF:
(HWB.1.8/6)
IT IS CONFIRMED THAT IN THE UNITED KINGDOM NO STATUTORY OFFENCE ♦S PROVIDED FOR IN SUCH CASES, BUT ELSEWHERE PRACTICE DIFFERS. SOME FORMER COLONIAL TERRITORIES HAVE THOUGHT IT APPROPRIATE TO PROVIDE PENAL SANCTIONS FOR NON-PAYMENT OF WAGES (E.G. SWAZILAND) BUT A CONSIDERABLE NUMBER HAVE GONE NO FURTHER THAN TO PRESERVE THE
WORKER'S RIGHT TO RECOVER WAGES IN THE COURTS.
SO FAR AS INTERNATIONAL LABOUR CONVENTION NO. 95 IS CONCERNED, MODEL LEGISLATION WHICH HAS BEEN AGREED WITH THE 1.L.0. DOES NOT, REPEAT NOT, PROVIDE FOR PENAL SANCTIONS WHERE AN EMPLOYER FAILS TO PAY WAGES WITHIN THE PRESCRIBED PERIOD. THEREFORE SINCE THE RELEVANT INTERNATIONAL LABOUR CONVENTION DOES NOT REQUIRE A PENAL SANCTION IN THIS TYPE OF CASE AND PRACTICE VARIES AS BETWEEN ONE COUNTRY AND ANOTHER, IT IS FREE TO THE HONG KONG GOVERNMENT TO MAKE A DECISION IN THIS CASE RELATED ENTIRELY TO LOCAL NEEDS AND REQUIREMENTS.
3. IF IN PRACTICE THE RIGHT OF A WORKER TO RECOVER WAGES IN THE
COURTS IS NOT REGARDED AS A SUFFICIENT PROTECTION, PARTICULARLY IN THE ABSENCE OF EFFECTIVE TRADE UNIONS, THEN THE IMPOSITION OF A PENAL SANCTION FOR NON-PAYMENT OF WAGES WITHING THE PRESCRIBED
PERIOD MAY BE A JUSTIFIABLE SAFEGUARD OF THE WORKERS' INTERESTS.
AMY OBJECTIONS TO THIS COURSE WOULD BE AMELIORATED BY THE SAFEGUARDS BESCRIBED IN PARAGRAPH 1 OF YOUR TELEGRAM UNDER REFERENCE.
CRO SE C
INTERNATIONAL TRADE DISTRIBUTION
H.K.D. O.L.A.
318
B.V. 3 Sept.
4/8
RESTRICTED
P. A papers
return labour Code Didwance papers to Mice Swan