+
Enc C
denounce this Convention at the last opportunity and the next does not occur until 1981. More significant, however, is the fact that this Convention was ratified by Australia in June 1973, which means that the Convention will come fully into force in June 1974. Any declarations made under Convention No 83 will now be binding until 1981 at least. It is proposed that any improved declaration by Hong Kong should now be made under
Convention No 83.
There are, however, a number of points on which modifica-
tions will have to be entered. Miss Swan's minute to Mr Goodwin
dated 18 January 1974 refers. (Copy attached for ease of reference.)
Convention No 82 concerning Social Policy (Non-Metropolitan
territories) 1947 is not covered by Saving telegram No 380 but for the following reasons, cannot be considered in isolation from Convention No 95 (see below):
The Government of Hong Kong in Saving telegram No 180 asked for the modification in respect of Article 15 to be removed on the grounds that the requirements of this Article were met by the amendment the Employment Ordinance, Cap 57, the Industrial Employment (Holidays with Pay & Sickness Allowance) Ordinance, Cap 333, and the Contracts for Overseas Employment Ordinance, Cap 78. But Article 15 requires among other things, that employers shall keep registers of wage payments. In the report on Convention No 82 for 1972-73, the Government stated that Cap 333 was to be repealed and replaced by the Employment (Amendment) (No 2) Ordinance as from 1 July 1973 and that under the provisions of that Ordinance, employers would be no longer required to keep wage records.
It is also the case that the measures for the protection of wages imposed by Convention No 95 require the maintenance of records and Article 15 of that Convention requires that laws or regulations shall so provide.
Convention No 95 concerning the Protection of Wages, 1952
The Government of Hong Kong has represented that with the
enactment of the 1968 Employment Ordinance and subsequent amend-
ments and the amendments to Section 38 of the Bankruptcy Ordinance and Section 265 of the Companies Ordinance, full effect
/is
;