10KKS/8
CONFIDENTIAL
Ref. CR L/M 63/73 Yr. Ref. HKK 5/16
Dear Dick
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consultitia with OLA.
COLONIAL SECRETARIAT.
HONG KONG,
8th May, 1973.
I am sorry for the delay in replying to your letter of 28th March concerning Mr. Clive Jenkins' proposals.
2.
It seems to us that a prerequisite for the intro- duction of compulsory arbitration or recognition machinery is the existence of strong but responsible trade unions supported by the majority of workers. These, however, have simply not developed in Hong Kong. Unions continue to be politically dominated, to be poorly supported and to prefer to operate in disputes through ad hoc committees seeking to evade the provisions of the Trade Unions Ordinance. The lack of support may in some measure be attributable to the com- plexity of the legislation and the opposition of employers (as suggested by Foggon in paras. 25 to 30 of his Report) but much more important factors are the absence of really responsible and effective trade union leaders and of that degree of social adversity which gave so much impetus to the development of trade unionism elsewhere.
3.
12 14/5
As you are aware we have accepted Foggon's advice to incorporate into the law some degree of statutory protection for workers against acts of anti-union discrimination. Drafting approval has been given and the necessary consultations are now taking place. The introduction of compulsory recognition machinery could hardly be justified on the level of support that the unions at present enjoy.
4.
Similarly, as you point out, we have accepted in principle Foggon's recommendation to enact comprehensive industrial relations legislation to replace the Illegal Strikes and Lock-outs Ordinance and what remains of the Trade Unions and Trade Disputes Ordinance 1948. Drafting instructions are
R.B. Crowson, Esq.,
Hong Kong & Indian Ocean Department, Foreign and Commonwealth Office,
London SW1.
CONFIDENTIAL
/still
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