Mr. Glover
Reference.
HWB.18/6
"Lagree with draft tel. Dispatched Pig.
2/8
(152)
I agree generally with the careful analysis of this problem which has been made by Miss Swan. The general principles that should be observed in relation to this type of provision in labour law are as follows:
(a) It is not necessary for non-payment of wages at the appropriate time to be subject to penalty in order to comply with International Labour Convention No. 95.
(b) Notwithstanding the above, some
countries have deemed it necessary, in view perhaps of the illiteracy of workers, the weakness of the trade union movement, or other reasons, to make such failure to pay wages at the due date an offence subject to penalty by the courts.
2. It will be seen therefore that it is for the Government of Hong Kong to decide whether in their particular circumstances such a provision is appropriate or not, and in making such a decision they need not be unduly concerned about any particular principles or dogma. As regards the point at X of Miss Swan's minute of 1 August concerning bankruptcy, I find a provision protecting wages in the event of bankruptcy is already contained in the Bankruptcy Ordinance (Section 38 (1) (b) - CAP.6 of 1964).
3.
I attach a draft telegram
G.Foggon
2 August 1968
Hold whit you receive distributi copy of the abome tel. to Hong Kong Then resulomit to Mr. Forgon for him to note action taken.
2/8/68
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