171

Mr Wotton

HKIOD (K 245)

Reference. XL. 21.3.93/1

RE

30 001 1974

10

HRK 5/26

I

I have recast the draft note you left with me con- cerning the application of International Labour Conventions to Hong Kong as in the note attached. think we should be careful to avoid any suggestion that the instrument of ratification deposited by the UK allows for the extension of the provisions of the Convention concerned to non-metropolitan territories. Although the UK Government is bound by the Constitution to apply the Conventions to the territories as soon as possible, the deposit of declarations of applications is a completely separate exercise. On achieving in- dependence, erstwhile dependent territories must continue to honour these declarations made on their behalf by the UK if they wish to become independent members of the ILO.

2. I have now been able to refer to a chart showing ratifications as at 1 June 1974 and I have up-dated your figures accordingly. I have not gone back on the earlier files, but I am puzzled by the reference to four conventions being ratified by Singapore. The present number is 21 and it has been of this order for a number of years now.

3. I think it may be worth expanding the reference to declarations in the "decision reserved' category'. This constitutes à declaration which has to be entered and by such declarations Governments are bound to report under Article 22 of the ILO Constitution. While territorial governments are not bound by such declarations to work towards the progressive application of the Convention, the standards of the Convention are usually regarded as an aim of policy and we would certainly examine any proposed amendments to the law in that light.

4. If any further information is required relating to the application of International Labour Conventions to Hong Kong in addition to the various lists and other information already supplied by G & GD, I would invite your attention to the exhaustive summary prepared by the Labour Department, Hong Kong in May of this year, which was sent to us under cover of a letter dated 31 May to Mr Stewart from Mr P B Williams. Although the original is registered on G & G papers, a copy was

Our file HXL 2/393/1 is attached retained by HKIOD.

for ease of reference.

29 October 1974

Inkubwan

Miss M M Swan

Gibraltar & General Department K 273A

MA 246

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