TNAG-0233-FCO40-269-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 42

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CONFIDENTIAL

7

XCC(70)62

The alternatives suggested ranged from ten years from the date of conviction to five years from the date of discharge from prison. Clause 9(c) now provides for disbarment for a period of five years from the date of conviction or of discharge from prison, whichever is the later. Doubt was generally felt over the lack of precision in the meaning of the terms "offences against public order" and "offences involving violence. Similar criticism was voiced publicly and in various written representations. The Secretary of State recently reported that his legal advisers, on reconsideration, thought that the category of offences against public order was too ill-defined and covered too broad a range of offences and suggested deletion. This amendment was originally drafted to meet a suggestion made in the Executive Council on 18th July 1967 that persons convicted of crimes arising from the disturbances in that year should be debarred from holding office in trade unions. It is thought that the most effective method of meeting this problem is to provide for the list of offences which would disqualify to be included in a schedule published in the Gazette(see clause 9(c)).

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(a)

(b)

Honourable Members will be asked to advise:

whether the Trade Union Registration (Amendment) Bill 1971 should be introduced into the Legislative Council; and

whether the Trade Union Registration (Amendment) Regulations 1971 should be agreed in principle and resubmitted to Honourable Members to be made if the Trade Union Registration (Amendment) Bill 1971 is enacted.

(The Commissioner of Labour (Mr R. M. HETHERINGTON) and Crown Counsel (Mr J. F. MATHEWS) will attend before the Council for the discussion of this item).

25th November 1970

(CR 4/3051/53 IV)

CONFIDENTIAL

COUNCIL CHAMBER