TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 23

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

CODE 18 - 77

Reference

16 factories employing around 930 women). Although the Government have resisted pressure from Hong Kong employers to widen the scope of the concession (its application is subject to fairly strict conditions) there is no prospect of its being withdrawn. The current trend world-wide is in fact towards a relaxation of protective measures in regard to night work by women and there are indications that the ILO is considering a further revision of its standards in this area.

CONVENTION 95 - PROTECTION OF WAGES

Three modifications are registered:

Article 4(2)(b); there is no statutory requirement in Hong Kong whereby the Government ensures that the value attributed to allowances paid in kind is fair and reasonable;

Article 9: there is no statutory provision specifically prohibiting deductions from wages as a means of obtaining or retaining employment;

Article 15(a): there is no provision requiring adequate records to be kept in an approved manner.

Article 4(2)(b) may well continue to pose problems, while Article 15(d) concerns a matter raised in the Planning Paper (see under Conven- tion 63 above), but Article 9 would not appear to present any great difficulty. When this modification was registered, at FCO insistence, the Hong Kong Government's view was that the requirements of Article 9 were in fact already met in practice. All that is needed now is an amendment to the Employment Ordinance to make explicit provision for these requirements.

CONVENTION 100 - EQUAL REMUNERATION

The Government has introduced equal pay in the Civil Service from 1 April 1975. Enforcement in the private sector would present problems but consultations are proceeding. The Government might be asked to keep us informed of progress on these consultations, but it is hard to see any prospect of applying the Convention in the near future.

CONVENTION 114 FISHERMEN'S ARTICLES OF AGREEMENT.

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The current declaration of "decision reserved" was made only in July 1976 and there seems to be no prospect of a change in the situation in the near future.

CONVENTION 120 HYGIENE (COMMERCE AND OFFICES)

The Convention contains extremely detailed provisions which, as Hong Kong point out, would pose difficulties of enforcement in the private sector. Application to Government offices as a first step has been suggested, but this would be of doubtful value.

CONVENTION 122- EMPLOYMENT POLICY

The difficulties attaching to the Convention are in fact

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