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32
Mr Stewart
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HONG KONG : STENOGRAPHERS' ASSOCIATE my Wellegen het.
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1. As paragraph 4 of your draft letter to the Secretary to the Hong Kong Civil Service mentions British practice, I have checked with the Department of Employment on the factors which would be relevant if this dispute affecting the Hong Kong Shorthand and Audio-Typists' Association had occurred in this country.
2. The situation is that the Association, subject to satisfaction of certain criteria not relevant in this instance, would be able to refer the issues in dispute to the Civil Service Arbitration Tribunal. This is a standing body which is currently chaired by a QC and has two panels - one nominated by the official side, the other by the staff side. The official side panel is made up of persons prominent in private industry, usually the personel directors of large firms. The staff side panel consists of academics and not trade union representatives. When a dispute is referred to the tribunal each party puts forward the name of the panel representative they wish to sit on the tribunal. The only point on which the two parties must agree is the terms of reference of the tribunal.
3. This being so, I suggest the following re-draft of paragraph 4 of your letter to Mr Bridge:
"I have also discussed with expert opinion here the suggestion
I made that the Hong Kong Government should consider appointing an independent arbitrator. In the United Kingdom this would involve reference to the Civil Service Arbitration Tribunal a standing body presided over by a Queen's Counsel who is assisted by two persons, one drawn from an official panel and the other from a staff panel. The official panel consists of persons prominent in the field of personnel management in the larger British firms such as ICI, British American Tobacco and British Petroleum. The staff panel is made up of academics who are well known in the industrial relations field. Each party to a Civil Service dispute in this country nominates the person they wish to sit on the tribunal: the only point on which they must agree is the terms of reference to the tribunal. No Civil Service arbitration tribunal exists in Hong Kong; nevertheless the UK procedure might provide a pointer to finding a way out of the impasse with the Shorthand and Audio Typists' Association. Thus, in agreement I hope with the Association, you might consider the appointment of an independent person who would be assisted by two assessors selected on the basis of the criteria used in this country. If the Hong Kong Government sees merit in this suggestion, we could certainly help you with the selection of the independent arbitrator or chairman of an ad hoc tribunal should you decide that the other two should take part as arbitrators rather than assessors.
The point wees tehen
11
Estant
7 November 1977
HR G Hurst
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