CONFIDENTIAL
機 密
XCC(73)92
- 2 -
Background
5
Recognition has long been given to the right of employees to organize trade unions under the framework of the Trade Unions Ordinance. The present bill endorses this recognition by introducing a degree of statutory protection for employees against acts designed to inhibit union activities. It does so along the lines of legislation commonly found elsewhere and reflects present practices in Hong Kong. It will not affect an employer's powers to dismiss his employees in accordance with the existing Part II of the Employment Ordinance. It should also be emphasised that no employer will be obliged by virtue of this legislation to accord recognition to any particular union for the purpose of conducting negotiations in the course of a trade dispute. Nor will the legislation have retrospective effect, so as to enable past grievances to be resurrected.
Advantages
6
Internally, the bill should help to strengthen responsible trade unionism and to deflect purely propagandist attempts by certain unions to suggest that Government is unsympathetic to the trade union movement.
7
B
If the bill becomes law, Hong Kong will have formally complied with most of the provisions of International Labour Convention No 98 (copy at Annex B). Failure to do so provides a ground for criticism which visiting politicians and international trade unionists do not fail to voice. This legislation, without noticeable disadvantage or significant effects on present practice here, would therefore help to improve Hong Kong's reputation internationally with regard to trade unionism and labour relations.
8
The principles embodied in the bill have been considered by the Labour Advisory Board, which has advised that this legislation should be introduced.
9. Honourable Members will be asked to advise whether the proposed Employment (Amendment) (No 3) Bill 1973 should be introduced into the Legislative Council.
(The Secretary for Social Services (Mr F.K. LI), the Commissioner of Labour (Mr I. R. PRICE) and Crown Counsel
(Mr G. D. TURNER) will attend before the Council for the discussion of this item).
24th October 1973
(CR 1/3041/72)
COUNCIL CHAMBER
CONFIDENTIAL
機密