TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 150

CONFIDENTIAL

Mr Wotton HKIOD

HKK 5/19

Reference...

16

EMPLOYMENT (AMENDMENT) (NO 3) BILL 1974

1. Mr Foggon's letter of 29 April reference LA 393 to which you refer in your minute of 4 July does not appear to be attached. I believe there is a copy of this letter on G&GD papers, but I would prefer to see it on the file so that there is no misunderstanding.

2. I have not examined the bill in detail pending a sight of the earlier correspondence but speaking from memory I would doubt whether the bill as drafted is precise enough to meet the Committee of Experts' interpretation of the requirements of Convention number 98 in relation to the non-discriminatory provisions Over a period of years the Committee of Experts has been concerned to see that workers are fully protected in regard to their right to be or to become, or not to be or not to become members of a trade union. The Committee sees this right as being required to be satisfied not only during the actual period of employ- ment but at the time of engagement. A number of territories where the convention has been declared to be applied and has been demonstrated as being applied in Article 22 reports have nevertheless received persistent Direct Requests that the legislation should be amended to make the legal application of this requirement of the Convention No 48 beyond doubt. the necessary papers could be attached I will look at the bill in greater detail. In the meantime I will try to find the approved form of words which has been commended to a number of territorial governments, with the agreement of OLAD, in cases where it is desired to amend the legislation to bring it into full conformity with Article 2 of Convention 98.

to

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3. I note that on these papers there are items refering to quite a number of other laws which have ILO implications but which have not been referred to G&GD for comment. For example this department is interested in the laws which have implications in the application of a number of IL conventions such as those relating to workmens' compensation and protection of wages. Employment (amendment) (NO 2) Bill could affect the application of the Contracts of Employment convention, and we are of course already engaged in an evolved exercise relating to the application of Convention number 17 concerning workmens' compensation to which folio l refers. The amendment to the Employment Ordinance, also attached to folio l which provides for the up-grading of manual workers in terms of wages paid also has implications in regard to those conventions which depend on the definition of "workmen" for application.

4.

I should be glad to have a copy of Employment (amend- ment) Ordinance, number 19 of 1974 together with a copy of the covering despatch and legal report and of legal Supplement number 1 (enclosure number 3 containing the Workmens' Compensation (amendment) Ordinance number 20 of 1974) for our papers please. I should also like

/to have

CONFIDENTIAL

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