TNAG-0296-FCO40-332-Legislation-for-registration-of-trade-unions-in-Hong-Kong-1972 — Page 72

2882

8/3

12 Pala

Mr Wilford

Sir Mohson

Mr Logan

Agreco

< 0.

A.R.

HONG KONG TRADE UNION REGISTRATION (AMENDMENT) BILL

12

On 4 December 1970, Mr Victor Feather of the TUC wrote to the

Foreign & Commonwealth Secretary to convey the objections of the

TUC to the Hong Kong Bill. On 23 December, Mr Royle replied, informing Mr Feather that certain of the provisions had been

dropped from the proposed Bill and that it would be difficult to

hold up further progress of the Bill. On 31 December Mr Feather

wrote again to say that the changes made were largely subsidiary and the TUC's main objections remained unchanged. Mr Royle has

asked for details of these objections.

2. The main objections of the TUC are concerned rather with the

Trade Union Registration Ordinance than the amending Bill and are

as follows:-

(ii)

(i) The corporate status of the trade unions (section 13 of the principal Ordinance) which is seen by the TUC

as the basis for making unions liable to legal pro- ceedings, including criminal prosecutions and for the depletion of their funds by payment of fines. Removal of the legal protection for the peaceful picketing of private houses (Clause 23 of the Bill) and the alleged failure to afford pickets reasonable access

to workers for the communication of information. (iii) The powers of the Registrar of Trade Unions which are

said to be excessive and becoming increasingly

restrictive.

(iv) The wide range of fines which could be imposed on a

trade union for various o fences under the Ordinance

and the Bill.

(v) The lack of legal protection for unregistered combina-

tions acting as a trade union for the purposes of one dispute. (The original proposal for registration of temporary trade unions has been dropped from the Bill. The deletion was originally welcomed by the TUC who feared the provision for temporary unions would lead to fragmentation of the union.)