TNAG-0454-FCO40-519-Application-of-international-labour-conventions-to-Hong-Kong-1974 — Page 82

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*. MR FOGGON'S VISIT TO HONG KONG, 7 FEBRUARY 1974

NOTE ON THE POSITION OF HONG KONG IN RELATION TO THE APPLICATION

OF INTERNATIONAL LABOUR CONVENTIONS

General

1.

The number of Conventions declared fully applied or applied

with modification to Hong Kong falls short of the majority of

other non-metropolitan territories especially if regard is had to the degree of industrialisation. (See chart at Annex A). A list

is attached at Annex B showing the present state of application

of Conventions to Hong Kong.

2. The former practice of encouraging non-metropolitan governments to increase the degree of application of Conventions has been aban-

doned over recent years save in exceptional cases.. The adverse

nature of Parliamentary Questions and press publicity etc has resulted in special approaches being made to Hong Kong but pressure of this kind has not been fruitful until recently. The Hong Kong Government has looked again at Conventions which have been applied

. by the generality of territories since the immediate post-war

period, and has put forward some five Conventions as being capable

of improved application in the light of legislative changes. These

Conventions were the subject of saving telegram No.380 of 2 October

1973, when the government became restive at our failure to register

declarations on the lines proposed. As in the case of Hong Kong

declarations are made by the UK Government with the agreement but

not on behalf of the Hong Kong Government, it is essential that we

should be assured that any declarations can be demonstrated in subsequent reports to the ILO to be adequately applied in law and practice to the extent to which they have been declared applied.

This consideration and the inevitable changes in the values

attributed to the standards set in Conventions in the period which had elapsed since they were first open to application, has meant

that a detailed examination of all the circumstances must be

undertaken before the declarations proposed can be deposited with-

out fear of subsequent charges arising that law and practice is

in breach of the undertakings entered into. The position in regard to the Conventions covered by saving telegram No. 380, is

as follows:-

/Convention No.12