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CONFIDENTIAL
28. Why, in spite of all the effort and money poured in over the years, do the trade unions remain comparatively weak and ineffective? One reason is, of course, the multiplicity of employers and consequent problems of organisation. There is also some evidence that the anti-union attitude of some employers extends to active discrimination against individuals who attempt union organisation. The multiplicity of unions and their political divisions further weakens their organising and financial resources. (The average monthly subscription of most unions is HK$2.) There are few full time officials, partly because of the restrictions imposed by Hong Kong's trade union legislation, and partly because of lack of finance. (The Hong Kong Trade Union Registration Crdinance is one of the most complicated to be found in any country and is in a number of respects contrary to the international standards embodied in International Labour Convention No 87 (Freedom of Association).)
29. The historical reasons for Hong Kong's inability to meet the requirements of Convention No 87 are recognised but the next review of this Ordinance should have as a primary aim the further simplification of its provisions and some relaxation on the employment of full time officials. To quote from the Secretary of State's Despatch No 59 of 10 February 1970:
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... I consider that from time to time the statutory powers of the Registian of Trade Unions should be reviewed with a view to relaxing the controls under which the unions operate and with the broad purpose (so far as this can be attained in Hong Kong) of encouraging normal trade union development One example of the exceptionally detailed control exercised unuer the legislation concerns the recent application of Unions of Government servants to form a federation. The formalities of application are not yet complete, but on the basis of Counsel's opinion it seems likely that it will in any case be rejected by the Registrar of Trade Unions. The opinion is a long one but, put briefly, it concludes that in the terms of the legislation the Civil Service as a whole is not one separate trade or industry, nor can Civil Servants be said to share the same occupation.
30. One contribution which the Hong Kong Government could make to the right of workers to organise would be to incorporate in the law some degree of statutory protection for workers against acts of anti-union discrimination. (For an example of this kind of provision see Appendix B.) As already mentioned, there is some evidence to support the need for such protection. The Labour Courts would be the most suitable tribunal to deal with this type of complaint should the law be amended.
Wages
31. Wages have risen largely under the influence of market forces, but although, percentage-wise, the increases are substantial (see paragraph 2 above), wages remain at a modest level about 50% higher than Taiwan (in money terms, ignoring
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CONFIDENTIAL
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