Comments by the Commissioner of Labour, Hong Kong,
on the Memorandum submitted to the Secretary of State
by the Colonial Labour Advisory Committee on
Trade Unionism in the Colonies.
Introduction
Paras. 1-3. Trade Unionism in the Colonies.
No comments.
Para. 4.
I agree generally.
Function of Labour Officers.
Although it has always been the policy of this Dept. to encourage and foster the development of trade unions and to give advice and assistance whenever called upon to do so, it has not been necessary, at any rate since the war, to take an active part in the actual formation of trade unions. The legal basis for the formation of unions is the Trade Union and Trade Disputes Ordinance, 1948. The enactment of this legislation, however, did no more than provide a legal framework into which existing organisations had to enter in order to secure registration.
One of the great difficulties in administering the Ordinance has been the fact that there were so many trade unions already in existence when the Ordinance was passed that the Registrar has been swamped by the work of registration alone and has not been able to devote the time and trouble necessary to ensure that registered unions are in fact conducting their affairs in accordance with the law and with their own rules. There can be no question of en- couragement of the formation of trade unions for its own sake.
Paras. 5-6. Compulsory Reigstration.
The Trade Union and Trade Disputes Ordinance of 1948 provides for compulsory registration. I myself have never been whole-heartedly in favour of the system though I admit its obvious advantages as set out in the memorandum and I agree that if we had not had computory registration we might have run into some serious difficulties. I must point out, however, that not only is the system an inadequate safe- guard against the domination of trade unions by undesirable elements but that there is another drawback in that trade unions tend to consider that compulsory registration of a union carries with it a right to compulsory recognition of that union by employers. Furthermore, although compulsory registration does ensure that from the start a union's rules and the administration of its functions conform to certain reasonable standards, unless there is a competent and adequate ly staffed Registrar's Dept. there is no hope of ensuring this conformity except on paper.