TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 11

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CONFIDENTIAL

Reference

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RECEIVED 94 REGISTRY NO.

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INDEX

14 DEC 1977

DUCK OFFICEN

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*

Mcias Taken

Tel. to HK (Cleared

Mr

Thompson, HKGD

HONG KONG LEGISLATION AND İLO CONVENTIONS

P/it.

1. I have discussed with Mr Walsh item A500 of the minutes of the Executive Council meeting on 29 November.

2. The clauses of the Workmen's Compensation (Amendment) (No. 3) Bill entitling injured workmen to medical treatment at their employers' expense are to go forward to the Legislative Council and, if approved, will enable the improved declaration which Hong Kong proposes to make on ILO Convention 17 (hopefully by the end of the year) to remove one of the two modifications at present registered for that Convention, viz. that in respect of Article 9.

3. I was disturbed to see, however, that the Hong Kong Government do not intend to proceed for the time being with those clauses which would make employers responsible for the cost of renewing or repla- cing prostheses and surgical appliances. This means that it will not be possible to remove the modification in respect of Article 10 and so apply the Convention in full as previously intended. Paragraphs (iii) and (iv)item A500 indicate that the Government propose to ensure that the repair and maintenance of surgical appliances etc. is carried out at no cost to the injured workman for a period of "at least ten years". It is not clear whether "repair and maintenance" is intended to cover "normal renewal" of

If it such appliances as required by Article 10 of the Convention. is, then the modification for Article 10 could probably be amended in due course but not removed, since the Convention allows no time limit on the employer's or insurer's responsibility. I attach a copy of the text of the Convention for ease of reference.

4. I think that a telegram should be sent to Hong Kong as soon as possible drawing attention to the implications of this decision by the Executive Council for the proposed improved declaration on Convention 17 and

(a)

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asking why the decision has been found necessary at this late stage; (a cle may perhaps be found in the minutes of the Council's 43rd meeting on

22 November, item A.488, but I think no reference need be made to this); it should also be made clear that we hope that the postponement of measures

disappointed and permitting full application of the Convention will not

be for an unduly long period.

(b) requesting confirmation that the ten-year arrangements

now proposed will cover the renewal of appliances. as required by the Convention, and asking when it is expected that these revised arrangements will be introduced;

asking when the remaining clauses of the amendment Bill, relating to Article 9 of Convention 17, are to be introduced into the Legislative Council and reminding the Hong Kong Government of the importance

CONFIDENTIAL

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