TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 172

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C.S. 20A (Rev.)

CONFIDENTIAL

SAVING DESPATCH

From the Governor, Hong Kong

To the Secretary of State for Foreign and Commonwealth Affairs

Repeated to:-

Repeated to:-

pyłu June,

June, 1970.

No.

No.

736

Date....

My Reference (26) in CR 4/3051/53 IV Your Reference

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Your Despatch No. 59 of 10th February, 1970.

Trade Union Registration (Amendment) Bill

I am grateful for your comments on the above Bill. Your paragraph 2 will certainly be kept in mind for future relaxation of trade union controls, particularly in regard to the restrictions of sections 17(1) and (2).

2.

On the specific points raised by you, my further views are as follows: -

Clause 3(b) The word "worked" in the first line is a misprint and should be "works". However, "worked" in the third line is the correct word.

Clause 12(c) The wording in the Bill was intended to avoid disagreement as to what constitutes fraud or dishonesty. In the light of your comments, I propose to re-word this section as follows:

"17.(3) Save with the consent of the Governor

in Council, no person who, within the preceding five years, has been convicted of any offence involving fraud, dishonesty, extortion, or membership of a triad society, or any offence involving violence or against public order shall be an officer of a registered trade union.'

It could be argued that this would include persons convicted of comparatively minor offences but I feel that any offence in these categories should be regarded as sufficient to disqualify the person concerned from holding office in a Trade Union for the five-year period now recommended.

Clause 13 Paragraph (c) of new section 17A(2) is necessary to ensure that where ineligible candidates are elected to office, the union does not merely leave the office vacant. It is necessary to ensure that a caucus in control of a union is not able to retain this control by the device of refusing to hold an election under which candidates of another opinion might take charge.

CONFIDENTIAL

ITICICS

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(Cont'd.)

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