TNAG-1294-FCO40-1649-Visits-by-members-of-the-Office-of-the-Unofficial-Members-of-1984 — Page 16

CONFIDENTIAL

It is however more common for the UK simply to consult with the authorities of a dependent territory before a meeting, to enable the UK to work to a brief that best defends and promotes its interest. Any notification the Hong Kong Government wishes to make to the ITU must be communicated by the UK Government on its behalf.

(VI) International Labour Organisation (ILO)

1. The UK Government has full responsibility for Hong Kong's interests in, and obligations to, the ILO. In addition, the UK has the right to nominate advisers to the (annual) International Labour Conference drawn from the government of a dependent territory. The UK took up this option in 1984 when a senior Hong Kong Labour Department official joined the delegation as an observer.

2.

The ILO Constitution also makes provision for delegating to a territory, such as Hong Kong, obligations on subjects which are within the self-governing powers of that territory. The UK Government remains responsible however for acting as Hong Kong's channel to the ILO for such matters, and must also undertake to apply to Hong Kong those ILO conventions (there are currently 159) that it has itself ratified, except where the subject matter of the legislation is within Hong Kong's self-governing powers or where it is inapplicable due to local conditions.

3. For each convention, the UK is obliged to declare promptly to the ILO what it regards to be the extent of its undertaking in respect of Hong Kong. Even where the subject matter is deemed to be within the self-governing powers of the Hong Kong Government, it is the UK which must (a) declare to the Director- General whether Hong Kong accepts its obligations in such cases and (b) bring the legislation to the notice of the Hong Kong Government to enable it to take appropriate legislative and executive action. If, for some reason, a convention of which the subject matter falls under the jurisdiction of a dependent territory is not accepted by the territory's authorities, it is again the UK which must report to the ILO the legal position and practice of the territory in respect of the matters dealt with by the convention concerned (Article 35).

4. In addition, the UK is responsible for transmitting to the ILO, under Article 22, the measures taken by Hong Kong to give effect to the provisions of the convention to which it is a party.

CONFIDENTIAL