TNAG-0234-FCO40-270-Labour-disputes-and-trade-unions-in-Hong-Kong-1970 — Page 37

4.

(a)

(0)

艺

The Government also undertakes that certain matters on which agreement cannot be reached after full and proper discussion in the Council may be referred to an independent Committee of Inquiry. This is subject to the conditions and limitations set out in Clauses 6 and 7 of the Agreement which, in particulur, set out which matters..can. and which.cannot be so referred.

The Associations on their part undertake to be bound by any decision reached by agreement in the Council (subject, that is, to such agreement being approved by the Govemor in Council and/or the Legislative Council or Finance Committee when reference to either of these bodies is necessary); and also by any recommendation of a Committee of Inquiry to the extent that it is accepted by Government. In these circumstances, decisions will be binling on memberg of Staff Associations taking part, and also on non-members (whother the latter do not belong to any association, or are members of unrecognised minority associations); there will be no question of giving an option to individual officers except where this may form part of the agreement reached.

(f) The recommendations of a Committee of Inquiry (including

recommendations concerning dates. of implementation) will not be subject to further consultation under Clause 2 of the Agreement but will be subject to any decision thereon by tho Governor in Council and/or the Legislative Council or Finance Comm' ttee whenever the Governor considers that reference to any of thoso bodies is nccessary.

In matters not requiring such reference, the recommendations of the Committee of Inquiry will be adhered to provided they are not unacceptable. to both the Government and all the Staff Associations concerned.

(g)

་ ི་

The recommendations of a Committee of Inquiry which are accepted by Government, or are rejected or modified after reference to the Governor in Council and/or the Legislative Council or Finance Committee shall not again be considered in the Council within 12 months without leave of the Colonial Secretary so to do.

(h). As regards matters that are not referable to a Committee of

Inquiry, if after discussions in the Senior Civil Service Council it is found impossible to meet the views of the Associations at official level, reasons will be given and the official view will be explained to the Associations. In such cases if the subject matter under discussion falls to be determined by the Governor in Council, the Legislative Council or Finance Committee, or the Secretary of State, such views a the Associations may wish to express will be forwarded to any of these authorities which considers the matter.

With the conclusion of this Agreement, certain new Establishment Regulations will be required. The wording of these is still under consideration and they will be issued in due course.

5.

While the

Attention is drawn to Clause 15 of the Agreement. acceptance by Government of the establishment of this cachinery for staff consultation in the Public Service implies an intention to make the fullest possible use of such machinery, it does not imply any derogation of Government's. responsibility, to take any action in any particular c200 na the public interest may require.

16.

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