TNAG-0445-FCO40-510-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1974 — Page 135

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

CR 1/4841/72 II

Comments on the Report by Mr. G. Foggon Overseas Labour Adviser, Foreign and Commonwealth Office (9 21 Feb. 1974)

Industrial Relations Bill (paras. 15-16)

The dangers of involving the Governor in public controversy are indeed of concern and must be weighed carefully against the advantages of an arrangement for dealing with serious strike situations which does not oblige us to declare an emergency. However, the policy involved in the bill (now renamed the Labour Relations Bill) has yet to be considered by the Executive Council and no decision has been taken on the final form that the proposed legislation should take. In the meantime, the preparation of a second draft of the bill is at an advanced stage along the lines discussed with the Labour Adviser during his visit. In view of the difficulties experienced in other countries with industrial relations legislation it does not seem unreasonable that we. should have taken time to consider these proposals carefully, but it is now anticipated that the bill should be enacted during this year.

Anti-Trade Union Discrimination Legislation (para. 18)

2.

i

The question raised in the Executive Council, far from rejecting the advice of the Labour Advisory Board, was in fact an enquiry as to whether it would be possible to go beyond that advice in order to achieve full compliance with I.L.O. Convention No. 98. If in the light of Foggon's advice on this point it is possible ultimately to apply the Convention without modification, the short delay will have been worthwhile.

Severance Pay Legislation (paras. 19 21)

3.

The statement in the bracketed part of paragraph 20 is factually incorrect. The recommendation of the Labour Advisory Board was for a flat rate of one-third of a month's pay rising to two-thirds after 10 years' service.

4.

Paragraph 21 contains a helpful suggestion which is now being studied by the Commissioner of Labour.

5.

The Severance Pay Bill is in an advanced stage of drafting. The intention is to publish the bill on a consultative basis within the next few weeks. Its final form will depend on consideration of such public comments as may be received.

CONFIDENTIAL

(W/13,

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