ORIG OReference L 7/393/2
CONFIDENTIAL Copied to HRK Slic
Mr Wotton (HKICD)
AFRICAN1 OF 11.TEMATICKAL LABOUR CONVENTION
TO HONG KONG
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1. You recently returned to me KICD papers containing the amendments to the Employment Ordinance (HKK 5/19 refers).
2. According to the legal report at enclosure number 2 (folio 18), the avowed intention behind Amend ment Number 2 to the Employment Ordinance is on these Tapes, to give effect to the provisions of International Labour Convention umber 98. The addition of Section 21b to the principal Crdinance would seem to meet the anti-discrimination requirements required by article 2 of that convention although the form of words which has been advocated on earlier ocassions is "the right to be or not to be or to become or not to become a member..
It is possible that the Committee of Experts right point out the desirability of section 21b (1)(a) being amended in this way, but I would not suggest that the present form of words should be seen as a barrier to an improved declaration of application being made.
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3. It seems, however, that the position here is not very different from that existing in relation to the application of a number of other Conventions to Hong Kong - ie the Conventions concerned are applied in law but the practice falls short of the legal provisions. Once a declaration is deposited 1 think it is true to say that the Committee of Experts pays more attention to the application in practice than in law and in regard to Convention 98 I would invite your attention to information received in another context which suggest that the requirements of Convention Lumber 98 are not met in practice.
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For example, I note from the extract from the minutes of the 35th meeting of the Executive Council that "the Council advised and the overo ordered: that the views of the Labour Advisory Board and
my loyers Associations should be sought on the Bill (ie the Labour helations Bill)..
From reports supplied by the Government of Hong Kong on the applica- tion of Conventions .cs 34, 57 and 9c, we know that the Labour Advisory Board includes four workers' representatives and an equal number of employers' representatives. why, therefore, should the employers' associations be given an opportunity to consider the Bill, which relates to matters covered by Convention 98, outside the Labour Advisory Board when a similar facility is not given to the employees' associations? It is inherent in the requirements of Cor.ventions 84, 87, and 98 that consultation with both sides of industry should be of equal weight. -his decision of the Lxecutive Council would seem to suggest that even allowing for the inadequacies of the workers' organisations in oon; there is no real desire
KONFIDMA. TIAL
/to associate