TNAG-0518-FCO40-613-Constitutional-development-in-Hong-Kong-1975 — Page 81

COHPI DRPEN AL

Comed 6 HKKS/31

HONG KONG:

1.

APPLICATION OF ILO CONVENTIONS

The constitution of the ILO requires that, when a Member State ratifies a Convention, that Convention shall be applied to the non-metropolitan territories for whose international relations it is responsible to the extent that this is possible having regard to local conditions, except in cases where the subject matter of the Convention is within the self-governing powers of the territory. In the latter circumstance the Member State is required to bring the Convention to the notice of the Government of the territory with a view to action being taken by that Government to enable the Convention to be applied.

2.

With the exception of a few Conventions which were devised specifically for acceptance by non-metropolitan territories, declarations of application cannot be made until the Convention in question has been ratified by the UK Government. 68 Conventions have been so ratified by the UK, including 2 Conventions which concerned the revision of the ILO's Constitution and one other to which non-metropolitan Governments are not parties. One recently ratified Convention is still under consideration by non-metropolitan

Governments.

3.

As at 1 April 1975, 20 Conventions (as against 18 in 1971) had been declared fully applied to Hong Kong and 10 (9 in 1971) had been declared applied with some modification. This compares with an average number of declarations of full application in British non-metropolitan territories (including those which are self-governing in labour matters) of 23 and of 5 of modified application. For purposes of comparison with Member States in the area, 31 Conventions have been ratified by Japan, 18 by the Philippines, 11 by Malaysia, 8 by Indonesia and 21 by Singapore.

1.

A decision has been reserved in respect of the application of 34 Conventions to Hong Kong (32 in 1971). A declaration in these terms has been registered with the ILO and this has the effect that the requirements of these Conventions are kept under constant review,

/the intention