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10

Mr. J.O. Moreton.

(copy to Mr. W.S. Carter)

Hong Kong Labour Legislation.

In connection with the brief on labour matters for Lord Shepherd, I think it might be helpful if you had the following explanatory background about one or two matters of current importance.

(a) Mr. David Goodwin, who has been appointed

on contract to help with the drafting of the labour legislation covered by the current programme, has been offered appointment as Assistant Labour Adviser at the ODM to succeed Miss Sheila Ogilvie. We would like him in September but this would clearly be inconvenient to Hong Kong and we are doing our best to make some interim arrangements in order to accommodate Hong Kong's needs. But we need an assurance that his services and experience will be fully utilised while he is there.

(b) In connection with the foregoing, his advice about the amendments to the Trade Union Registration Ordinance seems to have been over-ruled by the Attorney-General. This is not something to which you can refer but I think it would be helpful if you could enquire about the position regarding the Trade Union Registration (Amendment) Bill and make it clear that we would like to see the draft of the Bill before its publication or reference to the Labour Advisory Board or Executive Council in view of its importanc in relation to the principles of freedom of association and Hong Kong's international obligations.

(c)

There has been delay here about the Illegal Strikes and Lockouts Bill but I discussed it fully in Hong Kong in February, with our objections, and so far as I can find, no noti whatsoever has been taken of those objections A draft despatch of detailed criticism is now with the Department and will be submitted in due course to the Minister. But if the matter is raised, it might be helpful to supplement the comment in the brief by saying that our principal objection to the proposed legislation about Illegal Strikes and Lock- outs is that it tightens up penalties and scope without adding a single provision for dealing with the causes of any strike or the settlement of disputes.

(G. Foggon) 29 May, 1969

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