TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 181

Mr. Carter

Reference... HKK5/33-1970

will

At (1) we were sent by Hong Kong a draft Bill amending their Trade Union Registration Ordinance, a copy of which is enclosed. Our comments are required before the draft Bill is referred to the Labour Advisory Board UMELCO Labour Group etc. We are now ready, with the comments of the Labour Adviser and the Legal Adviser, with a draft saving despatch. You will see that at Mr. Foggon's request

Mr. Murray has sent a copy of his first draft to him. Mr. Foggon is away and has not seen

the draft which I rut forward now for consideration as an alternative.

2. Mr Foggon wants to incorporate in cur comments the sort of general observation on the restrictive character of Hong Kong legislation in this field which he makes in his minute of 2 December 1969. But against the background of such comments as we are able to make, in the last resort.individual sections of the Bill, I do not believe that a general observation of this kind can be made, except obliquely. I have tried to

do this in the draft, at the same time conceding that the special circumstances of Hong Kong

do not allow the normal trade union development which we all see as a desirable, if still remote, objective.

3.

When all is said and done there are

two clauses only with which we can find substantial fault. The first is clause 12 where Hong Kong refuses office in a trade union to any- one convicted of crime punishable with 2+ years imprisonment. In the light of the arguments Hong Kong use themselves in para. 4 of the saving despatch this is not easily defensible. But the implication is t hat EXCO wanted even more restrictive provisions.

4. The second clause with which we find some fault in substance is 25 which would in its present form make a notice in the Gazette sufficient service on a union of notice that its registration had been cancelled.

5. Accept that the Legal Adviser's arguments dispose of the remainder of Ir. Foggon's commetts. 3U I love not included the Legal Adviser's own comment on clause 13. The union is indeed compellable to fill a vacancy of the sort in question but is as free to disregard the Registrar's application that they should be compelled to fill it as the Legal Adviser has himself commented they are free to refuse the Registrar his other remedies.

1st February, 1970

Mmv (H.H. Stewart)