20 December 1990
HKC 212
g
Tony Clarke Esq
Deputy General Secretary
The Union of Communication Workers
UCW House
Crescent Lane
London
SW4 9RN
/
OIEU
Foreign & Commonwealth
Office
London SWIA 2AH
Telephone: 071-
FILE
21
770-2652
Dear Mr. Clarke,
Thank you for your letter of 9 November to the Foreign Secretary about the recent industrial dispute involving postal workers in Hong Kong. I have been asked to reply.
The postal workers' request for a reduction in their weekly conditioned hours has been conveyed to the Hong Kong Government's Standing Committee on Civil Service Salaries and Conditions of Service. The Committee is currently conducting a review of the salary structure of all the non-directorate civil servants. The results of this review which are expected to be known by the end of the year.
You suggest that by warning that Article XVI of the Letters Patent and Civil Service Regulations may be invoked, the Hong Kong Government has violated the International Labour Organisation convention 151, Articles 7 and 8. We do not agree. The Letters Patent provide the basic framework for the administration of the territory and Article XVI in particular allows the Governor (through the Secretary for the Civil Service), to establish and control the civil service. Their purpose is not to deter industrial action. Civil Service Regulations are drawn up within this framework to ensure that services to the public are maintained. In the event of a disruption of service, the administration may have a responsibility to invoke such regulations. In practice these regulations are rarely used.
The Hong Kong Government set up the Standing Committee on Salaries and Conditions of Service to provide independent and impartial advice. It has also established a system of communication whereby civil servants may, either individually or through their unions, discuss with the administration matters of mutual concern. It is the policy of the Hong Kong Government to resolve civil service disputes through dialogue between management and staff. These arrangements are
WINAHM