TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 111

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magistrates were capable and responsible enough to assign the blame where it lay. In any case, the actual fines imposed were small (usually the equivalent of £5-£6) and prosecutions only took place after careful explanations and warnings given by the Registrar had been ignored.

2.

Unregistered Combinations

Points made by TUC

A combination of workers was not a trade union until it was registered. The earlier amendment proposed, which had now been removed, would have given protection to temporary group- ings but they would now remain illegal in the sense that officers would be liable to prosecution. Provision should be made for the natural development of trade unions by legalising the activities of temporary combinations and affording their members appropriate legal protections. Even under the new Industrial Relations Bill in this country registration was not compulsory, although operations by unregistered unions would be difficult. The General Council had not objected originally to compulsory registration in colonial territories because it meant protection for illiterate workers: but when regulations were continually increased they became restrictive rather than protective. Industrial and political activities of trade unions should be separated and care should be taken in Hong Kong that restrictions should not be imposed on trade unions to cope with political difficulties: the latter should be dealt with under separate legislation, since in a non-democratic situation

Protection was politics would inevitably find other outlets. needed for genuine trade union activities and it was for this reason that it was proposed that the protection given by Section 42 should be applied to all persons. The situation was only tolerable as long as combinations continued to be accepted in practice if not in law as seemed to be the case in Hong Kong at the moment.

Points made by officials

The Hong Kong Government was facing a very different situation to that in the United Kingdom in view of the Communist confrontation and the problem of secret societies. Unregistered combinations were potentially unlawful such as in cases, for example, where an undertaking was insolvent and werkers grouped together to seek their rights through chosen representatives. These situations were embarrassing to Conciliation Officers who had to try to promote a settlement and this explained the earlier proposal to recognise the combination as a union for the purposes of the dispute and to confer on it the legal protection afforded to registered trade unions. This had now been dropped because of trade union fears of "fragmentation" but members of such temporary combina- tions would have certain protections, such as the right to picket on their own behalf (Section 46) and that conferred by Section 48 relating to criminal conspiracy. It had to be remembered that in 1967 the premises of some registered trade unions were used as arsenals, and local public opinion would

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