TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 21

Mr Carler,

Reference.....

26.

P. Brown

gagree

e fou

25

gagree hom

Pise fut there point's

e the draft to Miss.

23

The 25

stressing Ogilvie, demability of replying to Miss Jeger in the course

in view of

of the next week The possibility that hard

"Shepherd will be and-of

Comutiny

다.

S.

ว

3.

Contracte for Overseas Employment

Please see below Sir Francis Herchenroders

advice on the pounts raised mi

077

تان

March,

your

Minute

I have had it typed and

find it very helpful in understanding The position.

Ju summary,

contract

the position seems to be:-

() that whore clauses (eg. 14 (4) and in specific cases 14 (6)) of the model

are in conflict or inconsistent with section (exp. 5(a)(k)) of the Ordinance, the former are

invalid.

(ii) that where different clauses (eg. 9(a) and

model contract appear to 14) of the

conflict, they must be read, so far as possible, to avoid inconsistency

"

(iii) That in view of (i) o (ii) above, a

worker who walks out on otherwise in default of

or who's live contract is

NOT entitled to be repatriated by this employer who brought him from Hong Kong.

I do not think our draft reply to Mrs Jeger needs a great deal of changing as a result of the above advice, but I have made some suggestions in pencil. I had double about the last sentence (marked A) of the 3rd para,

out

reflection, I think it should stand, since the employer cannot recover the passage expensec tom of the worker to this country.. At Bow page 3, I have suggested an addition to take

account of the advice in Sir F. Herchenroder's Minile at

Otherwise, we have not para 3m

committed ourselves too far on the repatriation expenses and are, I believe, strilly cossect in

what we say.

Should the draft now go

ما

Mr Foggon

(and/or Miss Ogilvie), but we need to make it clear

that we wish to avoid any further long delay in issue of letter to Mvc Jeger.

After issue, perhaps we should copy your

Muinte of 7 March and Sir F. Herchenroders advice

아

of 18 March to Hong Kong + a copy of our letter to

Mrs Jeger, with the request for early consideration

to be given to the amendment of the model conliact

to comply with the Ordinance.

thereal

theater. Love

21/3

12

Krown

21.3.68