CONFIDENTIAL
Trade Unions and Trade Disputes Ordinance,
1948.
Sceretariat
4. The security comments on Foggon's report, for-
warded under cover of the Governor's letter of
14 February, accept that there would be advantage
in enacting comprehensive industrial relations
legislation of the kind proposed, but go on to
settle say that "it has not yet been possible to supply
detailed drafting instructions".
5. Even if adopted, however, Foggon's proposals
would not meet all the proposals raised by
Mr Jenkins. For example, Foggon's proposals
envisage voluntary arbitration, whereas Mr Jenkins
refers to "the capacity for a recognised bargaining
agent to make a unilateral reference", which
implies compulsory arbitration ie, that one
party could force the other to the Industrial
Court. Foggon's proposals are also silent on the
subject of determining recognition of a trade union
for bargaining purposes. Indeed, no such provisions
existed in British trade union law until the
enactment of the Industrial Relations Act in 1971.
The same could be said about the proposal that the
law should provide for "an obligation upon an
employer to bargain in good faith".
surprising that Mr Jenkins, who has joined those
here
It seems
who attack the Industrial Relations Act should be
suggesting that certain aspects of it should be
adopted in Hong Kong.
CONFIDENTIAL
16.
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