3475
HA 5/14.
16
Reference...
Mr. Foggon (Overseas Labour Adviser)
Sr. Portion
Hong Kong Trade Union (Amendment) Bill
Mr. Rushford passed this matter to me in Mr. Steel's absence. The memorandum by Messrs England and Rear and the newspaper articles by Mr. Rear referred to therein raise a very large number of difficult legal issues (which is one reason why, to my regret, you have not had comment earlier) which would take a long time to deal with properly. In view of the short time available before the Trade Union delegation mentioned meet Mr. Royle I am confining myself to the two topics they wish to discuss:-
(a)
the proposed debarment from holding office in a Trade Union of persons convicted of various offences (draft Bill s. 12 (c))
and
2.
(b)
the legislation on picketing (ss 46 and 47 of Cap 332) and the proposed changes therein (draft Bill ss 23 and 24, read with para 3 of Saving Despatch 736 of 17 June 1970).
Debarment from Trade Union Office
The original proposal for s. 12 (c) of the Draft Bill had clear defects, which you and Sir L. Brett pointed out. FCO Saving Despatch of 10 February 1970 drew attention to these and suggested a short restricted provision on the lines of the existing legislation and debarment for a limited period only.
The response, in para 2 of HK Saving Despatch of 17 June, was the following draft:
"17 (3) Save with the consent of the Governor in Council, no person who, within the preceding five years, has been convicted of any offence involving fraud, dishonesty, extortion, or membership of a triad society, or any offence involving violence or against public order shall be an officer of a registered trade union."
This redraft was not shown to Legal Advisers.
3. Messrs England and Rear object that this provision is both too vague and too wide, mainly because of the inclusion of a category of offence offences "against public order" which is nowhere defined (para 9 of their memo). I agree with them and I find it difficult to understand how this new draft, including the completely new reference to offences against public order, was adopted in view of the arguments in para 4 of HK saving despatch of 10 October 1969 against including such offences among those debarring from T.U. office.
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