TNAG-0233-FCO40-269-Legislation-relating-to-registration-of-trade-unions-in-Hong-1970 — Page 73

CONFIDENTIAL

Mr. Kinpear.

HKD

Reference..

89

'Hong Kong's Trade Union Legislation.

We spoke today concerning my telephone conversa- tion with Miss Nicholson of the TUC on the subject of amendments to Hong Kong's trade union legislation. I had asked the TUC to let us have their comments on Hong Kong's draft Trade Union Registration (Amendment) Bill to reach us not later than 1 December, but we cannot now expect them before Friday, 4 December, owing to the absence of Mr. Hargreaves in Rome.

2.

Miss Nicholson indicated that the TUC's comments will include the following:

GRAVE

(a) There are objections to the principal

(b)

(c)

Ordinance which the amending Bill would not cure (this seems to relate to the need for registration and the powers of the Registrar).

The purpose of the original amendment re. "Temporary Trade Unions" (now dropped) was not clear. If the object was to protect temporary combinations, this could better be done by amendments to Part VI.

The new paragraph (d) proposed for inclusion in S.7(1) of the principal Ordinance by Clause 6 is ambiguous and should be re- drafted.

(a) (i) The new paragraph (c) proposed for

inclusion in the provisos to S.17 by Clause 12(b)(iii) creates obligations which no union should be compelled to accept; that is, it is quite unreasonable to expect a union to chase up casual and seasonal employees for payment of their union subscriptions.

(ii)

The existing S.17 is also unduly restrictive.

(iii) Crimes of violence should not debar a

man from union office if the offence "has no bearing on trade union considerations".

(e) Clause 19(a)(iii) appears to provide that

fines may be paid from union funds. If this is a consequence of the corporate status created by S.13 of the principal Ordinance, then the latter should be repealed and the amendment dropped. Fines should be paid by the officials who commit the offences.

CONFIDENTIAL

/(f)