CONFIDENTIAL
6. As regards the Labour Advisory Board, I think that Miss Swan is mistaken about the way in which it is appointed. This is fully described in paragraph 10 of the Annual Departmental Report 1972-73 placed in this file. Miss Swan is right to draw attention, however, to the fact that there is some additional consultation with employers about labour legislation but this is mainly a question of language difficulties. Nevertheless, I think that if we point out to liong Kong the need for equality of treatment in consultation they would have no difficulty in going through the motions, although it would not, I think, make any material change to the substance of such consultation.
7. With reference to Articles 5 and 6, the lawker Control Force is a disciplined body under the administra- tion of the Director of Urban Services. Their exclusion from Convention No.98 any not be questioned but I think any doubts could be resolved if they could be permitted, as Miss öwan suggests, to form (if they so desire) their own Staff Association.
8. It is, of course, our responsibility to ensure that when a declaration of full application is deposited with the I10 on behalf of any of our dependent territories, law and practice are in conformity with the requirements of that Convention. However, over the years, the Committee of experts at the ILO have continued to interpret the terms of Conventions and there can be no guarantee that a piece of legislation acceptable today will not be queried tomorrow. We have therefore to be realistic. We can never be sure that there will not be nome query. Moreover, the Commissioner for Labour in Hong Kong would have his hand strengthened considerably in relation to any further changes in the law to conform with Convention No.98 if there was a specific request to do so from the IIO. This will have much more effect than advice from London. I think therefore that we should be prepared to put forward a declaration of full application in this case but warn the Hong Kong Government of points that might be raised 1.e. those side-lined above.
25 November 1974
copred to Miss Swan.
G Foggon
CONFIDENTIAL
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