CONFIDENTIAL
4. The point made by Mr Valticos about Article 1 is, I think, a valid one justifying an appropriate modification of the draft legislation.
5. In addition to consulting the ILO, I also consulted the Department of Employment and I attach a copy of their comments dated 18 January 1974. It is perhaps ironical that with regard to Article 1 the provision in UK law is contained in the Industrial Relations Act 1971 which is now being considered for repeal. It is too early to say whether the legislation to replace it will contain provisions on the lines of Sections 5, 6 and 7 of the Industrial Relations Act 1971. However, even if they were not to reappear, the UK can rely on the strength of workers' organisations to protect themselves as described in the Department of Employment letter of 18 January.
6.
If I may sum up, it would seem that the form of legislation that would be completely acceptable to the ILO would be legislation that incorporated provisions covering both the points raised in Mr Valticos's letter. However, if there should be any difficulty in modifying the draft legislation so as to deal with questions of interference in trade union affairs (i.e. Article 2 of the Convention) I would think nevertheless that ratification without modification would be possible but with the likelihood of Hong Kong experiencing pressure thereafter either to defend or explain the application of this part of the Convention and probably to modify the legislation on the lines already described. There is no question but that the first of these two options is the most sensible and the most clear cut. Given the importance that is attached to the application of this key Convention in Hong Kong, it would, I think, be worth the effort to make changes in your legislation which indisputably apply the Convention.
7.
This letter expresses my personal views but as I leave tomorrow for the Middle East there has been no time to consult the Desk Officer responsible for ILO affairs. This will be done during my absence and if there is anything to add Harry Hurst will pass it on to you.
Encs.
Miss Swan G & GD
cc.
Mr Wotton
HK/IOD
CONFIDENTIAL
G Foggon