TNAG-0383-FCO40-429-Trade-unions-and-industrial-relations-in-Hong-Kong-1973 — Page 37

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It is highly unlikely that the prohibition of formal affiliations could remove successfully the influence of outside bodies on local trade unions. The requirement to obtain consent to formal affiliation is advantageous in that it reveals the connections of particular trade unions and, to some extent, imposes limitations on the use of their funds. More extensive control does not appear desirable since influence exerted behind the scenes seems likely to be less effective than open recognised support. Hence section 45(1) of the Trade Unions Ordinance requires consent of the Governor in Council only in respect of membership of an outside organisation. Any form of relationship that falls short of actual membership does not have to be declared. This section had originally applied to trade unions 'affiliated or connected with' external organisations but it was amended in 1961 and its scope was restricted to membership.

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Another point to be considered is the application of Convention 87 of the International Labour Organisation (attached at Annex C) which provides for the 'freedom of association and protection of the right to organise'. Article 5 of this Convention reads as follows:

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... Workers and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers".

Convention 87 has been ratified by the United Kingdom and is applied to Hong Kong with the modifications that certain articles are excluded and consent of the public authority is required before any trade union can become a member of any international organisation and pay affiliation fees to it. (The details of these modifications appear at Annex D.) However, article 8 provides that the law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in the Convention. Any move further to restrict affiliation therefore might well attract adverse criticism both locally and internationally. The Government is required to furnish periodic reports to the International Labour Organisation through Her Majesty's Government stating what has been done to implement the various labour conventions and it would thus be difficult to aviod attracting unfavourable attention in international circles. This could have serious repercussions for Hong Kong.

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