E/33 SSB 281/51/ Part A 1963-65
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SSB 281/51/
1966-68
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SS3 281/51/
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(1 Aug. 1966)
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UG41/240/1
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steps will be taken immediately to have the law amended to rectify the position beyond doubt."
3.
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In 1963, a declaration of modified application was made i.r.o. Convention No.87 - Freedom of Association and Protection of the Right to Organise. One of the modifi- cations entered ir.o. Article 3 related to the provisions of Section 17(1) of the 1961 Trade Union Registration Ordinance It was stated in the first full report following the declaration that this and all other modifi- cations (affecting Articles 3, 5 and 6) were considered necessary in the existing exceptional circumstances of the Colony.
4.
After examining the 1962-64 report on Convention No. 84, the Committee of Experts made a further Direct Request which read as follows:
"The Committee notes with interest the information contained in the report, in reply to the direct request of 1963, indicating that the administrative interpretation of the word "habitually" in section 17(1) of the Trade Unions Registration Ordinance of 1961 does not deprive casual and seasonal workers of the right to be members or a trade union and that the Government consequently does not consider it necessary to amend the law so long as no contrary interpretation is given by a court. It appears however that an amendment aduing, after the word "habitually", the words "or otherwise", would not only confirm the Government's interpretation, but would also eliminate any possibility of doubt and would be useful, should the court have to take a decision on the matter - a possibility to whic) the Government refers. The Committee would be glad if the Government would indicate the measures which it intends to take in this regard."
The reply to this Direct Request, given in the report for 1964-66 was as follows:
"With regard to a suggestion made by the Committee of Experts in its Direct Request in March, 1965, that the words "or otherwise" should be added after the word "habitually" in section 17(1) of the ordinance, in order to safeguard the right of casual and seasonal workers to be members of a trade union, this point will be considered with others when amendments to the ordinance are next contemplated."
This in turn brought the following Direct Request for reply in 1968:
"The Committee notes that in its report for 1964-66, the Government states that the suggestion of the Committee that the words "or otherwise" should be added after the word "habitually" in section 17(1) of the Trade Union Ordinance, 1961, will be considered when amendments to the Ordinance are next contemplated. The Committee would be grateful if the Government would keep it informed of measures taken in this regard.
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