TNAG-1519-FCO40-2080-Employment-in-Hong-Kong-1986 — Page 11

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

5.

"It has been the policy of successive British

Governments over many years to allow Hong Kong [to determine certain] [a certain autonomy in matters relating to the regulation of labour and employment. The subject matter of ILO Convention No. 26 falls within this authority. Within the context of Article 35.4 of the ILO Constitution, it is the view of HMG that Hong Kong may, notwithstanding, and without prejudice to, the constitutional relationship between the United Kingdom and Hong Kong, be treated as if ILO Convention No. 26 were within the self- governing powers of a non-metropolitan territory. Accordingly, the United Kingdom, in agreement with the Government of Hong Kong, declares that it will continue to accept the obligations of the ILO Convention No. 26 on behalf of Hong Kong."

I should be grateful for your comments on this formulation. Apart from anything else, whether it is usable depends on your views on the issues set out in paragraph 2 above.

Galtforr

Paul Fifoot

Legal Advisers

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