Reference....
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Mr. Stewart
During the disturbances of 1967 a large number of employees in certain Government services depart- ments, and in the employment of private companies concerned with the provision of public services,were members of Communist trade unions and went on strike for purely political purposes. These employees were accordingly dismissed and ever since then the Communists have been attempting to get them rein- stated in their former employment. The Government and other employers have steadfastly refused to re- engage them knowing full well that the Communist aim was (and still is) to regain control over the employees in the relevant Government departments and service companies.
2.
It is, I suppose, conceivable that the Hong Kong Government have in mind by their proposed amendments to the Illegal Strikes and Lock-Outs Ordinance a similar exercise to that in which they are embodying into the permanent law certain provisions of emer- gency legislation. To take this idea literally would, I know, be going too far but there may be some of the same kind of thinking behind the Hong Kong approach to this legislation.
3. I am somewhat doubtful about the validity of such an approach but the main weakness seems to derive from the off-hand manner in which Hong Kong have presented their proposed amendments to the Ordinance. They simply have not bothered to make out any sort of case for their proposals; and we have no record of their reactions to any ideas which may have been put to them by Mr. Foggon when he recently visited the Colony. It seems clear from earlier minuting that the Hong Kong draft amending Bill has been somewhat carelessly thought out quite apart from any issues of principle that it may involve. I notice that in the Minister's brief on labour matters which he took with him to Hong Kong for his current visit, it is stated that this particular matter would be submitted to him following his return. However, I would suggest that we should attempt to get from Hong Kong some indica- tion of the reasoning behind their draft Bill before any submission is made. I am not sure where the initiative for this legislation is coming from. It appears that in about three weeks time the existing Ordinance will lapse and Hong Kong will then have no legislation at all on the subject of illegal strikes and lock-outs. Presumably therefore we can expect them to make the running. One course which might be followed is to take advantage of the forthcoming visit to this country of Mr. Denys Roberts, Attorney-General, Hong Kong, next month, since he is apparently being- regarded as one of the main architects of the pro- posed amending Bill. If this course were adopted it would probably be advisable to send a Saving Despatch to Hong Kong explaining why we do not like their approach to the matter and saying that we would like to discuss it with Mr. Roberts during his forthcoming leave. I realise that this would mean delaying further
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