4
Article 8
As in the United Kingdom, trade unions, in common with other similar organizations and societies, have a general right to hold meetings of their members as they please provided these are properly conducted. Under existing conditions in Hong Kong, it is, however, considered necessary to have certain powers to control strikes in certain circumstances in public services where such strikes would endanger public health and safety. These powers are embodied in the Illegal Strikes and Lockouts Ordinance, which must be renewed annually by the Legislative Council of Hong Kong.
Article 9
Members of the regular Armed Forces and of the Police Force are not allowed to join unions. Members of the Armed Forces are governed by the regulations appropriate to their particular service; members of the Police Force are prohibited from union membership by section 7 of the Police Force Ordinance.
Article 10
The definition of a workers' or employers' organization for furthering and defending the interests of workers or employers is found in section 2 of the ordinance.
Question III
The ordinance generally ensures the free exercise of the right to organise. The modifications lodged with the I.L.0. on 15th October, 1963, in respect of articles 3, 5 and 6 are considered necessary in the existing local circumstances. The Registrar of Trade Unions and officers of the Labour Department exercise vigilance to ensure that workers and employers may freely enjoy the rights of organization set out in the legislation.
Question IV
No issues involving questions of principle relating to the application of this convention have so far been brought before a court of law or any other court.
Question V
In addition to the general remarks made under Question I of this report, it may be of interest to record that trade unions are represented on the Labour Advisory Board to which legislative proposals concerning labour matters are referred for advice. The Registrar of Trade Unions has a total staff of 17, including a Deputy Registrar and 3 Assistant Registrars. In addition, the Labour Department offers advice to trade unions on such matters as joint consultation, collective bargaining and the general principles of organization. It also provides training courses in union management and leadership, labour and trade union legislation and trade union accounting for members of registered trade unions.
No observations have been received from organizations of employers or workers in connection with the present report.
Question VI
Copies of this report have been sent to the Employers' Federation of Hong Kong and the Labour Advisory Board, which includes four workers' repre- sentatives, and through the United Kingdom Ministry of Labour to the Confederation of British Industry and the Trades Union Congress of Great Britain. No observations concerning the application of the above-mentioned convention in Hong Kong were received from any of these bodies during the period under review.
HONG KONG
October, 1966.
R.M. HETHERINGTON COMMISSIONER OF LABOUR