TNAG-0454-FCO40-519-Application-of-international-labour-conventions-to-Hong-Kong-1974 — Page 24

HXL 7/393/3

HONG KONG

Sir Murray MacLehose KCMG MBE Governor

KY NO.52

19 OCT 1974

NICIL

5/26

8 October 1974

Sir,

APPLICATION OF INTERNATIONAL LABOUR CONVENTION CONCERNING SOCIAL POLICY IN NON-METROPOLITAN TERRITORIES, NO 82 (1955)

1. I have the honour to refer to your saving telegram No 198 of 13 August 1974 in which you indicated that the modification in respect of the application of Article 15 of this Convention to Hong Kong could now be removed.

2.

The position has been further examined in the light of your Saving telegram under reference and a number of points have been raised on which I should welcome your observations before entering an improved declaration. These are as follows:

(1) The legislation cited in your earlier Saving telegram (SS 82/3/5683/58) of 25 July 1972 (the Industrial Employment (Holidays with Pay and Sickness Allowance) (Cap 333)) would appear to have been repealed by Section 8 of the Employment (Amendment) (No 2), Ordinance No 39 of 1973. In this case, the legislation as it now stands would not seem to fully satisfy the mandatory requirements of Article 15(1). This requirement is "that the necessary measures should be taken to ensure the proper payment of all wages earned and employers shall be required to keep registers of wage payments, to issue to workers statements of wage payments and to take other appropriate steps to facilitate the necessary supervision".

(2) In my saving telegram No 68 of 2 October, 1974, relating to the application of Convention No 95 attention has already been drawn to the apparent absence in Hong Kong legislation of any obligation all employers to keep records of computation and payment of wages a prescribed form, and the implications for securing supervision through the Labour Inspectorate. Equally there would appear to be tex statutory requirement on the employer to issue statements of wage payments though Sections 23 and 24 of the Employment Ordinence (Cap 57) make provision for this to be done on receipt of a written request from the employee. It is doubtful if this provision would be held bo comply with the mandatory terms of Article 15 of Convention No 82 unless, in practice the majority of workers had submitted appropriate written requests to their employers.

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