TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 64

12. E se para 30

Reference....

their own country or some member of the staff of the office of their own country in Britain. It seems that in general the Chinese workers do not seek help very much - if they were the weaker party in this story they might be in a bad position, but fortunately for them if not for the employer they are so badly needed by the employer that they are in a strong position.

27.

The clause in the model contract which most annoys Mr. Burn and his clients is the one concerning repatriation. This cannot be deleted as it is required by the Ordinance. Mr. Burn complains that he was told the contract was only a model and need not be followed slavishly and that he could draw up a form of contract of his own if he wished; but that when he produced a form of contract of his own he was told it was not acceptable. No doubt (though there is nothing to say so on this file) it did not conform to the requirements of the law of Hong Kong and Hong Kong would very properly refuse to attest a form of contract which did not conform with their law. But it would seem, from the contents of this file (though we have obviously not seen all the correspondence) that no one has ever explained to Mr. Burn that whatever kind of contract he draws up it must conform to Section 5 of the Hong Kong law. The model in fact does this and is therefore useful as a basis.

18

28. I am somewhat surprised that Mr. Burn seems EITHER not to know that only non-British Chinese are subject to the Hong Kong Contracts for Overseas Employment Ordinance (and thus to the repatriation condition) and that "British (Commonwealth) Chinese are not, OR to understand the reason for this and accept it. To most people this must be one of the most mystifying things about the whole story - if Hong Kong feels that Britain/"safe" for Hong Kong workers who are "Commonwealth" why should it be considered dangerous for the others, the aliens? I understand that the whole problem is that of repatriation the workers need protection from finding themselves so far from home at the end of their contract and the expiry of their labour permit - unlike the Commonwealth citizens they have no right to remain here and someone must pay for their return/Such cases. It is unlikely that the Home Office would issue a work permit for them unless the repatriation was guaranteed.

-