TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 26

reference..........

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SSB 281/51/01 Part A 1963-65

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SSB 281/51/01 Part A 1963-65

Mr. Hupst

1. I undertook to let you have some background information on the reason for the proposed amendment tc Section 17(1) of the Hong Kong Trade Union Registration. Ordinance (Cap 332) by the insertion of an additional sub-paragraph (c). Clause 12 of the proposed Bill to amend the Trade Union Registration Ordinance refers. This reads:

"(c) no person shall be refused membership of trade union solely on the ground that he is casually or seasonally engaged or employed in the trade, industry or occupation with which the trade union is directly concerned.

2. Following the receipt of the first report (for 1960 1962) on the application or I L Convention 84 - Right of Association (Non-Metropolitan Territories) Convention. after the enactment of the principal (1961) Ordinance, the ILO's Committee of Experts made the following Request:

"Hong Kong

The Committee has noted that, according to section 17(1) of the Trade Unions Registration Ordinance 1961, the right to join a trade union is subject, among other things, to the condition that the worker or employer sha be "habitually" engaged or employed in the occupation. represented by the trade union. It would seem that thi provision in the new legislation relating to trade union might exclude casual and seasonal workers from the right to belong to trade unions. The Committee would there'o

be grateful if the Government would indicate what measur it intends to take to amend or supplement these provisio in order to ensure to the workers in question the righ. of association provided for by the Convention.

In the report for 1962-64 the Government of Hong Kong made the following reply:

(a) administratively, 'habitually' is not

interpreted to mean exclusion of seasonal, casual or temporarily unemployed workers in a trade and

(b) legally, the issue has not been tested in a

court of law, but both the Commissioner of Labour and the Registrar of Trade Unions have been advised that, under British law, it would not be interpreted as denying the right of association to casual or seasonal workers,

•

In fact the word 'habitually' was deliberately inserted in the legislation in order to allow casual and seasonal workers to become members of unions and to retain their union membership when they become temporarily unemployed. The point made by the Committc of Experts has been noted and will be given due con-

No amendment is at sideration when opportunity arises. present considered necessary, although if the issue arises before a court and a contrary decision is given,

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