TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 23

Full Report for the period 1st July, 1964, to 30th June, 1966,

on the application in Hong Kong of the

RIGHT TO ORGANISE AND COLLECTIVE BARGAINING CONVENTION, 1949, (NO.98),

which was ratified by the United Kingdom on 30th June, 1950.

This convention has not been applied to Hong Kong. A declaration of 'decision reserved' was deposited with the I.L.0. on 29th December, 1958.

Question I

There is no legislation to apply the provisions of the convention in Hong Kong but the principles embodied in the convention are accepted by the Hong Kong Government as aims of policy and are enforced, as far as practicable, by administrative action in the Labour Department.

Question II

Article 1

No legislation exists to provide the type of protection envisaged by this article.

There has been no known case in which an employer has imposed a condition of employment that workers should not become members of a trade union or should withdraw from membership of a trade union if they are already members.

One of the functions of the Labour Department is to conciliate in disputes between employers and workmen and, under no circumstances, would conciliation officers accept as causes for dismissal a worker's membership of a trade union or participation in trade union activities.

Article 2

There is no legislation providing the type of protection envisaged by this article.

No cases of financial support to workers' organisations by employers with a view to exercising control or domination over those organisations have become known.

Under section 36 of the Trade Union Registration Ordinance, No. 52 of 1961, every registered trade union is required to furnish annually to the Registrar of Trade Unions a statement of accounts of all receipts and expenditure for the year under review, and of the assets and liabilities of the trade union. Contributions from employers, if any, must therefore appear in these accounts. Under section 37 of the same ordinance, the account-books of a registered trade union are open to inspection not only by the officers and members of the union but also by the Registrar of Trade Unions.

Article 3

Article 4

See report on Articles 1 and 2.

Where machinery for voluntary negotiation has been set up, the Labour Department gives every encouragement to its use and, where such machinery has not been set up, all possible advice and assistance is given by the department to have it brought into being.

The Labour Department normally does not conciliate in a dispute unless existing machinery for negotiation has been fully utilised and has failed.