CONFIDENTIAL
N Henderson Esq
Ag. Commissioner for Labour Hong Kong
RECEIVED IN REGISTRY No. 51
30 APR 1974
HKK5/13
LA 393
29 April 1974
Entir 2.
12
p.
207
ANTI-TRADE UNION DISCRIMINATION LEGISLATION AND THE APPLICATION OF INTERNATIONAL LABOUR CONVENTION NO.98
1.
J
I am writing with further reference to paragraph 18 of my report on my recent visit. As I explained during my visit, I wrote informally some time ago to Mr Valticos, Chief of the International Labour Standards Department of the ILO, to obtain his personal view of your proposed legislation on the subject of anti-trade union discrimination. I was particularly concerned to ensure that the legislation, as amended, would make possible the application of Convention No.98 without modification.
2.
In his reply, however, Mr Valticos has raised two points, the first with reference to Article i of the Convention and the other with regard to Article 2 (Protection against Acts of Interference). I enclose copies of the exchange of correspondence but I would like to emphasise that the views expressed by Mr Valticos cannot be regarded as committing the ILO. Having said that, I must confess to believing that in his comments on Article 2 of the Convention he is taking an unduly purist view since a very large number of Member States that have ratified Convention No.98 do not have legislation which explicitly implements the guarantees established in Article 2 of the Convention. (The limited number of Member States which have so provided in legislation is set out in the footnote on page 68 of Report III, Part 4B, entitled Freedom of Association and Collective Bargaining prepared for the International Labour Conference 1973, a copy of which should be with you. You will notice that the United Kingdom is included in the foot-
more about this later).
note:
3.
On balance, and having regard to the wide powers of your Registrar of Trade Unions, I would think it possible to regard Article 2 of the Convention as being applied; but if it were to be ratified without modification there would be a possibility, even likelihood, of questions being raised by the ILO Committee of Experts about whether Article 2 is in fact fully applied.
CONFIDENTIAL
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