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response up to them (see England and Rear, Chinese Labour Under British Rule, oup, 1975).
Draft proposals are, however, discussed by the Labour Advisory Board on which four trade unionists sit (two elected and two nominated by the Governor), along with four employers and the Commis- sioner of Labour who acts as chairman.
This Board represents the total sum of Hong Kong labour's involvement in the legislative process. The dominance of business interests in the community and the Government's desire to gain their ap proval means that labour legislation is painfully slow to emerge and, when it does so, is often in an emasculated form. Government by consensus really means by consent of the employers. For example, more generous provisions for paid holidays and sick pay were pro- mised in 1968 but did not become law until 1973. It then became apparent that the delay had been caused by the em- ployers resisting a proposed increase in sickness pay from half pay to the ILO re- commended level of two thirds. In the end the employers' will prevailed.
the repression of civil rights The people of Hong Kong do not have the vote. They have no representatives in the legislature. And their freedom of assembly is severely circumscribed. Any meeting in a public place requires the per- mission of the Commissioner of Police and applications for permission require seven days' notice. Spontaneous action is thereby ruled out. A public meeting or procession which is unlicensed constitutes an unlawful assembly and those taking part become liable to a maximum penalty of five years' imprisonment. Moreover, any public gathering of ten or more people may be prohibited or stopped by the Commissioner of Police (or his dele- gated agent) "if it appears to him to be necessary or expedient in the interests of public order." The Public Order Ordin- ance provides for a fine of HK$45,000 or three years' imprisonment for anyone who is found disregarding such an order.
Trade unions in Hong Kong are legal- provided they are registered-but the law imposes severe restrictions upon them. The Public Order Ordinance, just men- tioned, can obviously be used against demonstrations, pickets, and even ordin- ary meetings. The law of industrial con- flict substantially prohibits picketing of any kind and the right to strike is sub- ject to crushing restrictions. In addition, the civil law leaves individuals, ordinary workers and trade union officials alike, wide open to actions for a variety of torts (England and Rear, op cit). The Rookes v Barnard judgement of the House of Lords in 1964 still applies in the Colony, for example. Strict limitations are also placed upon the political activi- ties of unions. They are not allowed to use their funds for " any political pur- pose whether within or without the Colony." Nor are they allowed to affiliate, except with the consent of the Governor in Council, to any organisation outside Hong Kong. Membership of a trade union is also restricted by law to persons habitually engaged or employed in the relevant industry." Consequently, unions composed of workers in different trades or industries" general" unions--are not permitted, unless they explicitly state in their rules each trade or occupation they seek to organise. The motive behind this law appears to be divide and rule.”
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The aspirations of the Hong Kong worker cannot find expression through constitu- tional political channels. He has none. His trade unions are weak, fragmented, and in a legal straitjacket. His colonial masters have left him no other power than the threat which a dissatisfied labour force can pose to public order in a hot, densely populated city. And, having created this situation, this is what the colonial authorities most fear. Repres- sion is therefore an integral part of the system. The riots of 1966 and 1967 are still fresh in the minds of senior officials. Since 1967 the police force has substanti- ally increased. In 1975 its establishment was 19,114, amounting to 17 per cent of the total civil service establishment or one member of the force to every 226 of the population. In addition there are 7,000 part time members of the Royal Hong