CODE 18-77
Mr Pauncefort
CONFIDENTIAL
Reference
HAL 2/393/1
१.
APPLICATION OF INTERNATIONAL LABOUR CONVENTIONS TO HONG KONG
1. I mentioned to you that the question of the application of IL Conventions to Hong Kong had been raised at the meeting between the Secretary of State and members of the National Executive Committee of the Labour Party on 23 April. Mr Foggon has now sent me a copy of the record of the meeting, which does not appear to have been seen by Mr Champion.
2. The point which Mr Foggon was concerned to bring to our notice was that covered by paragraph 8 of the record. As you are aware, the reports made under Article 22 of the IL Constitution are scrutinised to see whether the territories appear to be meeting the obligations, in both law and practice, entered into by them or on their behalf. In addition, any changes in law and practice, which seem to indicate an improved position, are noted with a view to inviting the territory to consider making more advanced declarations.
3. Before the demise of the Colonial Office it was true to say that there was a continuing review of the position. It used also to be the case that whenever there seemed to be a need, model legislation and other guidance was offered to the territorial governments who were encouraged to take the steps necessary to fulfil the requirements of what were seen as being the more important conventions.
4. Since that time, it has not been considered appropriate for this Office to take the initiative, save in exceptional cases or immediately following the ratification of a new convention by HMG. In the latter case, we have an obligation under the Constitution to invite declarations and take such action as may be necessary to deposit declarations within a reasonable period which, I believe, is now considered to be one year. Many of these declarations are in the 'decision reserved" category and this is where the more recent ones tend to stay. When new legislation is brought to our attention by the geographical departments concerned, we consider the implications, both good and bad, for the application of IL Conventions but we do not always see all changes in legislation. Some slip through the net and we are dependent on the reports to pick up the story but it should be borne in mind that this is virtually every two years as half the Conventions are reported on in alternate years. Limited staff and other resources preclude the possibility of making very thorough checks in addition to the examination of the reports.
CONFIDENTIAL
/ 5.