11/12

Mr. Carter

CONFIDENTIAL

23

Essential Services Legislation:

Hong Kong

On first reading I wondered whether it was really worth while

re-enacting in Hong Kong an ordinance which was out of line with the action taken here by the repeal of the 1927 Trade Disputes Act (with consequent risk of public controversy), when the ordinance is on the Acting Governor's admission incapable of realistic enforcement. But

I have been persuaded by the arguments in paragraph 15 of your

submission that in the last resort we should let this legislation go

ahead and even at this stage be prepared to say so to the Acting

Governor.

Ackag

2. It follows from that tentative conclusion, however, that I am now uneasy about recommending to the Governor including in the legislation a provision providing for the collective withdrawal of

labour organised by a trade union. On the face of it this too would

seem to give notice to the Communists that they had a weapon in their

hand. But, as the model legislation has not been put up with these

papers I cannot judge whether this appréhension on my part is justified Could you let me see "the model"?

(L. Monson)

8 December, 1969

Copy to Mr. Wilford

Sir Leslie Monson.

altached

The "model" clauses are at Flag C in the pps.

:

the relevant provision is the proviso to Clause 1(1). Not to include this point might put in jeopardy the reluctant- agreement of the Labour Adviser to my proposals! He has

CONFIDENTIAL

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