CONFIDENTIAL
Reference
-TAG 011/393-
Mr Hurst OLA
Mr Thompson HKGD
20/11
discussed with
No Willocks.
Hold rol
de
HONG KONG : APPLICATION OF ILO CONVENTIONS
1.
20/12.
and on that basis the
The surprise expressed in Hong Kong Tel No 1261 is unwarranted. We were told nearly a year ago that action was already in hand on the amendments needed to bring the Workmen's Compensation Ordinance into full conformity with Convention 17 - see Appendix II to Sir Denys Roberts' letter of 4 January upgrading of Hong Kong's declaration to one of "applied without modification" was included in the 1977 programme. Mr Ho wrote as recently as 4 November indicating that the amendments were proceeding as proposed. Although the ExCo minutes give only a summary of the Council's conclusions they make clear that the original proposal in respect of Article 10 is to be dropped and that the alternative arrangements now envisaged, but not specified and apparently not to be introduced immediately, would guarantee the renewal of artificial limbs etc. for a limited period only (perhaps 10 years). Since
Convention 17 permits of no limitation in this respect it follows that the modification for Article 10 could not be removed, although it might be possible to amend it. The telegram under reference concedes that there is a possibility that C.17 cannot be fully applied.
2.
It seems likely that the legislation relevant to Article 9 of Convention 17 and to Convention 90 will squeeze through within the target period, but clearly we cannot expect to receive Hong Kong's improved declaration by the end of the month. Convention 42, as we feared, slips back into next year.
3. I suggest that a telegram on the lines of the attached draft might be sent to Hong Kong making clear the reason for our misgivings in regard to Convention 17.
16 December 1977
CODE 18. 17
CONFIDENTIAL
کا
R Willcocks
Overseas Labour Adviser's Office
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