TNAG-0232-FCO40-268-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 56

CONFIDENTIAL

the Bill would operate to the disadvantage of workers in

Hong Kong.

The situation in Hong Kong

5. All official attempts to improve trade union structure

in Hong Kong have foundered, because the Government cannot

create trade unions nor compel workers to join them. Efforts

made by international trade union organisations have met with

little success.

6.

It has been accepted in principle by the Governor, the

Labour Advisory Board and some employers' associations that

special labour courts should be established by statute to provide

something like instant justice in claims between employees and

employers arising out of terms and conditions of employment,

particularly statutory requirements. It is intended that the

claim should first be reported to the Labour Department's Labour

Relations Officers who would endeavour to promote a settlement

by conciliation. If this failed, the case could be referred

to the Court although cases could still be entertained without

conciliation procedures having been used. An Industrial

Relations Act is also under consideration.

The Right to Strike

7. The right to strike is not dealt with in the amending Bill

except indirectly. The legal immunities granted by the present

legislation apply only to registered trade unions:

the Bill

proposes that a "temporary trade union" formed by workers to

deal with a particular trade dispute should also enjoy

immunities.

CONFIDENTIAL

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