CO129-603-4 Industrial relations- necessity for introducing arbitration procedures 16-10-1946 - 20-12-1946 — Page 16

5.

16

11.

The successful recourse to arbitration in this case has led to

the suggestion that some form of permanent Board of Arbitration should be

set up in Hong Kong in order to obviate strikes which seriously effect the

public and that both parties to a dispute should be required by law to

submit the matter to the Board. On the other hand the view has been

expressed that the ordinary methods of conciliation through the Labour

Office have hitherto been found sufficient and that until trade unions

have developed here to a greater extent, and until the principles of trade

unionism as it exists, for instance, in England, are understood and

accepted by the workers here, a permanent Arbitration Board is unnecessary.

My own view is that it is desirable that provision should be

12.

made by law for the setting up of Arbitration Tribunals when required, but

not necessarily for the establishment of a permanent Arbitration Board. In

this connection my attention has been drawn to a Bill drafted in 1942 for

Northern Rhodesia (although in December 1945 it had still not apparently been passed into law) which included provisions for conciliation and arbitration. The Hong Kong Labour Advisory Board has considered these provisions, and is of the opinion that the arbitration machinery therein

The arbitration established might with advantage be adopted in Hong Kong. clauses provide, inter alia, that where a trade dispute exists or is anticipated, the Governor may refer the matter, with the consent of both parties, to an Arbitration Tribunal to be appointed by him, and that the Tribunal shall be constituted of either a sole arbitrator or of an

arbitrator assisted by one or more assessors nominated by the parties to the dispute. In the main, therefore, such a Tribunal would not differ materially from the Board established by me in the present instance, except that permanent machinery for its institution would be provided by legislation.

13.

I shall be grateful if I may have the benefit of your advice

on this matter and if I may be furnished with copies of any Colonial Ordinances which provide for the establishment of Arbitration Boards