C
Reference
having long smie ratified Kon.87
Section 17.
8. In addition to any information which may come to light as a result of this Conference in regard to Hong Kong's intentions concerning the fuller application, or otherwise, of Conventions 87 and 98, Mr Foggon who is at present on tour and will shortly be visiting Hong Kong may have further information on his return. In any case, I suggest his advice should be sought as to whether it would be appropriate, in Hong Kong's circumstances, to press for the fuller application of Convention 87. It is usual in G3 Despatches referring to legislation affecting the application of International Labour Con- ventions to suggest such further steps as may be regarded as being desirable to give effect to the Convention con- cerned.
9. Given that Hong Kong is not self-governing in labour matters and having regard to the importance of Convention 87, it would be reasonable for HMG to press quite strongly for its fuller application. In the present circumstances, however, I would suggest that the G3 Des- patch should welcome the amendment to Section 9 of the Principal Ordinance which appears to satisfy a long- standing Direct Request by the ILO's Committee of Experts in this regard and should merely note that the position in regard to Convention No. 87 appears to remain unchanged Then on Mr Foggon's return, consideration could be given to the desirability of making a further approach to Hong Kong in this regard. In case this proposal is accept- able to you I attach copies of the reports made by Hong Kong on the application of Convention 87 since 1962 which may be useful for reference purposes at a later stage.
Also attached are the more informative Cs.84 and 98).
Mine Swan.
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informative of the reports on
hindwan
M M SWAN (MISS) 1 December 1971
The 63 Depatch has been sent (folis 21) with your suggeted
your additions included. I am retuming the fiter to you for the daggan to see for subsequent action on his atrum. I agree it is in order to pees Hong Kong
to conform to the ILO Convention 87.
V
tho
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fr
3.
23 December 1971.
DD 737719 557664 500M 2/71 GM 3643/2
Report for 1962/64 on the Application
in Hong Kong of Convention No. 87
33
}
Part I
This is the first report (1962/64) made by the Government of Hong Kong on Convention No. 87 concerning the Freedom of Association and Protection of the Right to Organize Convention, 1948, since the registration of a declaration on 15th October, 1963 in respect of its application to Hong Kong subject to modifications in respect of Articles 3, 5 and 6. The ratification of this convention was registered by the United Kingdom on the 27th June, 1949.
Workers' and employers' organizations are encouraged to apply for registration under the Trade Union. Registration Ordinance, 1961, (Ordinance No. 52 of 1961) which was passed into law in December, 1961, and was brought into operation by Proclamation as from 1.4.62. This convention has been applied to Hong Kong subject to the modifications lodged with the I.1.0. on 15th October, 1963 in respect of Articles 3, 5 and 6.
The effect of this new ordinance is to make a division in the law relating to trade unions, all of which was originally contained in the Trade Unions and Trade Disputes Ordinance, Chapter 64. The new law covers all matters relating to the registration of trade unions and the control of their internal administration. The provisions relating to arbitration are retained in Chapter 64 which is re-titled the Trade Disputes Ordinance.
There is no material change in the provisions dealing with the rights of registered trade unions. They continue to have the same measure of exemption from actions in respect of certain tortious acts, freedom from liability for criminal prosecution for conspiracy, and immunity, from legal proceedings in respect of any act done in contemplation or furtherance of a trade dispute.
While registration of trade unions is compulsory, it will be seen from Section 9 of the ordinance that a union is subject to the provisions of the ordinance as from the date it makes application for registration. This new feature is rendered necessary by the fact that the Societies Ordinance makes a combination or association of persons an unlawful society until it is registered as a trade union; on the other hand such as the present state of trade unionism of the Colony that the rules and objects of a prospective trade union must be carefully scrutinised and frequently amended before it can be properly registered as a trade union at all. During this interim period the union is not only protected from the rigours of the Societies Ordinance but also becomes incorporated under Section 13 of the ordinance from the date of its application. It can acquire such property as it wishes by direct treaty and will be liable in its own name for its contracts and the like as though it were already registered as a trade union. This interim situation is terminated either by registration under Section 6 or by refusal of registration under Section 7.
The intention of this ordinance is not to restrict, but to regulate the establishment and activities of trade unions, prevent possible abuses, and ensure that, by being run in a con stitutional manner the interests of the unions and the rights of their members are protected. Such regulation is necessary in view of the comparatively short history of trade unionism in the Colony and the consequent lack of experience in union leadership.
The competent authorities under the ordinance are the Registrar of Trade Unions and, for purposes of appeal, the Full Court.
/It will
Part II
2
·
It will be seen from this ordinance and from the Bi-annun Report submitted by this Government in respect of the Right of Association (Non-Metropolitan Territories) Convention, that the new legislation provides the guarantees required by this convention in greater measure than did the ordinance it replaced.
Federations of workers' or employers' organizations may
be registered under the new ordinance provided:
(i) each of the component trade unions comprising such trade
union federation is a registered trade union; and
(ii) the members of each and all of such component trade unions
are employed in the same trade or industry.
Federations or confederations of workers' or employers' organizations which do not satisfy the foregoing provisions will continue to be registered under the Societies Ordinance (Cap. 151).
Article 2
The formal conditions pertaining to the establishment and registration of trade unions are contained in Part III of the Trade Union Registration Ordinance. These conditions, which are similar to those in other territories are considered to be the minimum necessary for the general purposes set out in Part I above and to ensure the further healthy development of the local trade union movement. It should be noted that trade unions on the Register on 1.4.62 were not required to re-register under the now enactment.
That compulsory registration of trade unions does not restrict the establishment of workers' and employers' organizations can be demonstrated by the figures of trade union registration since such legislation was first introduced in 1948, by the enactment of the Trade Unions and Trade Disputes Ordinance. In all, a total of 418 unions have been registered, 178 being registered in the first year. On the other hand, a total of 108 unions have had their These registrations cancelled during the same 16-year period. comprised 27 cancellations at the request of the trade unions themselves, 10 for violation of the provisions of the ordinance; 53 unions had ceased to exist, 15 werc voluntarily dissolved, the registration of 2 others were cancelled on their becoming amalgamated and registered as one union, and the registration of 1 union was cancelled because it was used for an unlawful purpose. The latest figure for registered trade unions is 310.
It should also be noted that the restriction on amal- gamation, namely, that amalgamating unions must be in the same trade or industry, has been removed although certain procedural requirements have been introduced; these are considered under Article 3 below.
Article 3 (applied with modification)
Whilst certain conditions pertaining to the constitutions and administration of trade unions are laid down in Parts IV, V, and VIII of the Trade Union Registration Ordinance, these do not restrict the growth of the local trade union movement. However, because of the provisions in Sections 17, (subsections 1, 2, 3, 4 and 5) 24 to 31, 34 and 52, this article has been declared applicable with the following modifications:
1.
All officers of a trade union are required to be habitually engaged or omployed in the trade or occupation with which the trade union is concerned and no person may
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