TNAG-0454-FCO40-519-Application-of-international-labour-conventions-to-Hong-Kong-1974 — Page 83

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

Convention No.12 concerning Workmen's Compensation in Agriculture,1923

A declaration that this Convention was applied to Hong Kong without modification was registered by the ILO on 23 NoVEMBER 1973 This Convention requires only that the government shall under- take to give agricultural workers the same cover in regard to workmen's compensation as is given to industrial workers. As the Hong Kong workmen's compensation legislation no longer excludes agricultural workers from its provisions, a declaration of full application could have been made when the Workmen's Compensation (Exception of Agricultural Workers) Order was repealed in 1969. The reason for the delay arose from diffi- culties in applying Convention No.17, the key Convention in the area of workmen's compensation. As the deposit of a declaration in respect of Convention No.12 was likely to make the ILO look more closely at the position in regard to Convention No.17, it seemed advisable to hold back this declaration until the position in regard to Convention No.17 had been clarified. See below.

Convention No.14 concerning the application of the Weekly Rest in

Industrial Undertakings, 1923.

It

It is the case that the law would make a declaration of application, subject only to minor modifications, possible. is not so certain that the application of the Convention in practice could be ensured. Before a declaration is deposited, the Hong Kong Government has been asked to complete a trial report of the kind which would have to be furnished once the Convention had been declared to be applied, as a means of determining the extent to which the requirements of the Convention are applied in practice. A copy of saving telegram No.7 of 18 January 1974, in which the trial report was called for, is attached. This saving telegram also indicates the deficiencies in the law which would call for modifications to

be entered.

Convention No.17 concerning Workmen's Compensation for Accidents, 1927.

The main stumbling block in the way of declaring this Convention applied to Hong Kong at the time when the workmen's compensation legislation was amended in 1969 has now been removed. This was the re-opening in the UK of the question whether or not the UK should denounce this Convention. The possibility of denunciation has been present for some 20 years, and the matter

/was

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