TNAG-0585-FCO40-718-Employment-of-children-in-Hong-Kong-1976 — Page 283

CONFIDENTIAL

organisations and industrial and commercial employers on the introduction and operation of such methods.

Conciliation

1.

18. As regards conciliation, the existing staff, including the Senior Labour Officer (Industrial Relations) and the local conciliation officers, may require some

inforcement, but I see no need at present for any

external advice on conciliation methods and procedures. Sufficient expertise already exists within the Department

of Labour. What remains to be determined is the policy

to be followed.

One

19. The absence in Hong Kong of any effective arrange- ments except those of an essentially ad hoc character for the settlement between workers and employers of trade disputes has already been adversely commented on by local public opinion. The conciliation services of the Department of Labour can only operate effectively if early notification of disputes is received and the parties are ready to accept official intervention. or both of these factors have been missing in important recent trade disputes. The establishment of works committees referred to earlier will go some way to remedy the gaps in information and ensure earlier notification of differences likely to give rise to difficulties. It is tempting to propose the re-inforcement of the existing law by provisions providing for compulsory notification of disputes, but the difficulties are formidable not least determining the point when a dispute has arisen. Arrangements for notification of disputes are customarily linked with a prohibition for a stated period on strike action. And without such a link it is doubtful whether any provision for compulsory notification of disputes could be effective. Whether a prohibition on strike action for a given period (say fourteen days) - a cooling off period not necessarily followed by arbitration unless both parties agree would be effective in Hong Kong would require careful examination locally, but such a

J

/ limited

1.

This recommendation has been accepted by the Hong Kong Government and a suitable specialist is now under consideration.

CONFIDENTIAL