:
OCMIAN 7111
CONFIDENTIAL
PP HOKON
FM FCOLN TO HOKON
011600Z JUL
GRS 662
HKK 210/1
RELIVED it
2 JUL 1936
CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 1299
OF 011600Z JULY 86
INFO PRIORITY UKMIS GENEVA
CONFIDENTIAL
47111 1
OUR TELNO 1185: IL CONVENTION NO 26: CREATION OF MINIMUM WAGE
FIXING MACHINERY
WE HAVE NOW RECEIVED LEGAL ADVISERS' COMMENTS ON POSSIBLE
MEANS OF ENABLING YOU TO CONTINUE TO APPLY IL CONVENTION NO 26
DESPITE OUR DENUNCIATION OF THE CONVENTION.
2.
... >
DESPITE THE EXTRACT FROM THE ILO MINUTES QUOTED IN YOUR
TELNO 1689, LEGAL ADVISERS CONSIDER THAT PARA 4 OF ARTICLE 35
CANNOT BE OPERATED WHOLLY INDEPENDENTLY OF THE METROPOLITAN
STATE'S (IE UK'S) ADHERENCE TO THE CONVENTION IN QUESTION. THEY
CONSIDER THAT IN THE OPENING WORDS OF PARA 4, 'WHERE THE SUBJECT
MATTER OF THE CONVENTION IS WITHIN THE SELF-GOVERNING POWERS
THE DEFINITE ARTICLE 'THE' BEFORE 'CONVENTION' MUST REFER
BACK TO THE EARLIER REFERENCES IN THE ARTICLE, WHICH ARE TO A
CONVENTION (NEXT SIX WORDS UNDERLINED) RATIFIED BY THE MEMBER
STATE CONCERNED. THUS, IN PARA 1 THE BASIC OBLIGATION OF ARTICLE
35 IS THAT MEMBERS UNDERTAKE 'THAT CONVENTIONS (NEXT FOUR WORDS
UNDERL INED) THAT THEY HAVE RATIFIED
SHALL BE APPLIED TO THE
NON-METROPOLITAN TERRITORIES FOR WHOSE INTERNATIONAL RELATIONS
THEY ARE RESPONSIBLE'. PARA 2 BEGINS 'EACH MEMBER (NEXT FOUR
WORDS UNDERLINED) WHICH RATIFIES A CONVENTION SHALL
....' AND
1
CONFIDENTIAL