Mr. Leong from Singapore, provided by the Federation, and is regarded in the Labour Department as potentially the most effect- ive part of the moderate trade-union movement. Unfortunately, it cen still claim only a minority membership among textile workers, and has not been formally recognized by any employer. As I have already implied, most employers are extremely reluctant to encour- age any trade union in Hong Kong, but I believe that most of the textile employers will at least entertain requests by this union and discuss matters with its representatives.
5. My guess is that Mr. Hetherington would have received
He Mr. Gibson politely but cautiously and listened to his views. might have sketched out the Department's plans for legislation on Labour Courts and industrial relations, but would certainly not have committed himself.
6. Labour Courts: At the time of my departure, it had been accepted in principle by the Governor, the Labour Advisory Board and some employer. associations that there should be special Labour Courts to provide something like instant justice in claims between employees and employers arising out of the terms and conditions of
There was Ferm employment, particularly statutory requirements. support from that part of the trade-union movement with which we had contact, but no-one could pretend that this was truly repre- sentative or worth a great deal. I can recall explaining the proposal in broad terms to a delegation from the Textile Workers' Union, and receiving their unqualified support. There were some employers' associations, such as the western-style Employers' Federation, which welcomed the proposal just as warmly, but other employer organizations, representing Chinese-style employers, wore less enthusiastic, and from past experience we knew only too well that their support in principle" usually turned to such strong opposition to specific provisions in implementation of the prin- ciple that initial acceptance meant practically nothing.
7. In Government circles, the Governor's support was very valuable, but, predictably, judicial opposition was beginning to develop: after all, the case for special Labour Courts inevitably implied the criticism that existing courts were not fulfilling their true purpose. This was only too clear, but, naturally, the judiciary were most anxious to do nothing which might prejudice the established Courts. The idea of special Labour Courts had also been confused by proposals of the very powerful Secretariat for Home Affairs, which was anxious to provide instant justice for small debt claims. The existing court machinery is so ineffective that landlords are unable to collect communal dues for the adequate maintenance of domestic buildings.
8. The special Labour Courts were very much my own idea, raised when I first arrived in Hong Kong, and gradually gathering momentum. I had hoped to develop the idea into draft legis- lation, but, unfortunately, we had so many other, more advanced, pieces of legislation in the pipe-line that it was never possible to give Labour Courts the priority they deserved. It was, of course, the undoubted success of Labour Courts in Singapore/ Malaysia, where they had been developed to meet the needs of the Chinese community, which prompted me to press the proposal in Hong Kong.
9. My comments on Mr. Gibson's Appendix 1 (The Labour Courts Act) are as follows:-
Points 1 & 2: These are fundamental to the idea of Labour
Courts.
Point 3: The idea of Labour Courts was derived to a large extent from the highly successful operation of these Courts over a long period of years in Malaysia and Singapore. Courts there are operated by the Labour Departments, and offer
Tho
/alternative
No comments yet.
Private notes are available after approval.