TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 19

CODE 18 - 77

CONFIDENTIAL

Reference LAG 011/393/1

REGA

This is extremely helpful HKK 211/625/1 Awon't comments from Walsh. East.

Mr Thompson HKGD

HONG KONG : DECLARATIONS ON ILO CONVENTIONS

- 51

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1. In your minute of 24 November you asked for my comments and those of Mr Hurst on Hong Kong's letter of 4 November. Mr Hurst is at present making a visit overseas and will not be back in the Office until 12 December. I am however copying this minute to the Deputy OLA, Mr Walsh, who may wish to comment on the points you have raised.

on

2. We have received Hong Kong's proposal for a declaration of "applied without modification" on Convention 141 (Rural Workers' Organisations). There is a technicality in regard to Article 3(2) of the Convention which I believe may require a modification to be registered. I have consulted the Department of Employment about this and their reply is awaited.

3. I agree it is hard to see why the legislative action needed in connection with Convention 42 should have been so long delayed. Discussions between the Government and the Accident Insurers' Association on the creation of a compensation scheme were reported to be "in hand" as long ago as May last year (Hong Kong Tel. No.429 of 6 May 1976). It seems likely that the Government dragged their feet over this in the early stages, while the proposals they eventually came up with earlier this year were unacceptable to the ΑΙΑ.

Without a good deal more information I cannot judge whether the Government are now making too much of the difficulties involved in setting up the arrangements needed to give full effect to the Convention, but Mr Walsh or Mr Hurst may have comments on this. Bearing in mind the difficulties which have arisen for us in the past when declarations made on the advice of Hong Kong have subsequently proved to be insufficiently substantiated in law and practice, I would be reluctant to suggest that Hong Kong should now be encouraged to cut any corners. We can, I think, only continue to urge the Government to press on with the measures they judge to be necessary as quickly as possible.

4.

In paragraph 3 of the letter, the likely total of declarations in 1977 is given as five, or six if action on Convention 42 can be completed after all. If Convention 94 is to be included in this total, however, No.92 should also appear since it too was carried over from the 1976 programme. The 1977 tally would therefore be :-

Improved declarations:

carried over from 1976

1977 programme

92

94

101

Newly-ratified Convention

CONFIDENTIAL

17 .90

(42)

141

6 (7)

55.

/Regarded