Mr Hurst, OLA
Mr Thompson
HKGD
CONFIDENTIAL
Reference
Gort for
comments.
26072
FLACA -
CODE 18 - 17
HONG KONG: ANNUAL REVIEW OF THE APPLICATION OF ILO CONVENTIONS
1. My comments on the report enclosed with Mr Ho's letter of 5 January are as follows.
Paragraphs 1 and 2
2. I agree with the arithmetic concerning the Conventions potentially applicable to Hong Kong and to the declarations made or projected so far. This is on the assumption that Convention 144 is included in the total of 15 for those applied with modification and that the new Convention being processed is No. 142, which is not mentioned elsewhere.
Paragraph 3 action during 1977
3.
-
Although we should not be too preoccupied with the 'score' of declarations made each calendar year I think that for the purpose of our reports to ministers we need to be clear about the basis used for the figures and dates we quote and should ensure that Hong Kong are aware of and in agreement with the method we follow. There are three steps in the making of a declaration
(a)
(b)
(c)
G
enactment in Hong Kong, where necessary, of the appropriate legislation or administrative
arrangements;
submission of the proposed declaration to the FCO;
registration of the declaration by the ILO.
Any one of these can be used as the basis for monitoring progress, but it seems to me that the sensible one to adopt is (b) the date on which Hong Kong submit their proposal for the new or improved declaration, supported by a trial report showing in detail how the Convention will be implemented. (However, it might be noted that on 2 December 1976 the Prime Minister told the Commons that Hong Kong intended "to improve their legislation significantly this year in respect of five outstanding Conventions and next year in respect of a further four Conventions....."). On this basis Hong Kong's list of Conventions dealt with in 1977 requires some adjustment: Convention 92 should be added, while Nos. 17 and 144 should be removed and included in the programme for 1978. The legislation making possible the improved declaration on Convention 92 was passed on 14 December 1976 but Hong Kong did not send us their formal proposal for a new declaration until 20 January 1977 and we have therefore regarded this declaration as falling within the 1977 programme - see paragraphs 3 and 4 of Lord Goronwy-Roberts! letter of 7 April 1977 to the Governor.
НКК HKK 2u.
CONFIDENTIAL
INDEX
1 FEB 78
No axx
Taken
/The