TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 98

IMMEDIATE CYPHER/CAT A

GR 1000

FM HONG KONG 040738Z

CONFIDENTIAL

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Origin! at:

HKK

KK 012/3

16257

Thi Capy or HKK 211 Information only / Action on/ Para(s)

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DESKBY FCO 041000Z

CONFIDENTIAL

ET

3 MARSET

HKKOIR

12/2

TO IMMEDIATE F CO TELMO 448 OF 4 MAY

INFO PRIORITY PEKING.

YOUR TELNO 322 OF 29 APRIL.

REF.

L/ST

23

PARLIAMENTARY QUESTIONS: MR FRANK HOOLEY MP.

1. THE FOLLOWING MATERIAL IS PROVIDED ON WHICH TO BASE DRAFT

REPLIES.

QUESTION (1)

2. NONE.

210/6

QUESTION (2)

HICK 210/10

3. AS STATED IN THE REPLY TO QUESTION (3) IN TELEGRAM NO. 1214 OF 7TH DECEMBER 1976, A FULL-TIME OUTWORKER IS COUNTED AS ''SELF EMPLOYED''. AS SUCH, LABOUR LAWS IN HONG KONG GOVERNING HOURS OF

WORK, HOLIDAYS CR INDUSTRIAL INJURY COMPENSATION DO NOT GENERALLY APPLY TO OUTWORK. WHERE A PRINCIPAL OUTWORKER EMPLOYS OTHER WORKERS THERE WILL BE A RELATIONSHIP BETWEEN THEM OF MASTER AND SERVANT AND THE EMPLOYMENT ORDINANCE AND THE WORKMEN'S COMPENSATION ORDINANCE WILL APPLY. IN SOME CIRCUMSTANCES, BY VIRTUE OF THE DEFINITION OF ''INDUSTRIAL UNDERTAKING'' (SEE SECTION 2 OF CHAPTER 59), THE FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE AND SUBSIDIARY LEGISLATION WILL ALSO APPLY.

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CONFIDENTIAL

4: THERE IS