TNAG-1519-FCO40-2080-Employment-in-Hong-Kong-1986 — Page 22

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

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Constitutional Documents

Art. 16. 1. Any of the governments of the Members may formally ob- ject to the inclusion of any item or items in the agenda. The grounds for such objection shall be set forth in a statement addressed to the Director- General who shall circulate it to all the Members of the Organization.

2. Items to which such objection has been made shall not, however, be excluded from the agenda, if at the Conference a majority of two thirds of the votes cast by the delegates present is in favor of considering them.

3. If the Conference decides (otherwise than under the preceding para- graph) by two thirds of the votes cast by the delegates present that any subject shall be considered by the Conference, that subject shall be in- cluded in the agenda for the following meeting.

Art. 17. 1. The Conference shall elect a president and three vice-presi- dents. One of the vice-presidents shall be a Government delegate, one an Employers' delegate and one a Workers' delegate. The Conference shall regulate its own procedure and may appoint committees to consider and report on any matter.

2. Except as otherwise expressly provided in this Constitution or by the terms of any Convention or other instrument conferring powers on the Conference or of the financial and budgetary arrangements adopted in virtue of Article 13, all matters shall be decided by a simple majority of the votes cast by the delegates present.

3. The voting is void unless the total number of votes cast is equal to half the number of the delegates attending the Conference.

Art. 18. The Conference may add to any committees which it appoints technical experts without power to vote.

Art. 19. 1. When the Conference has decided on the adoption of pro- posals with regard to an item on the agenda, it will rest with the Conference to determine whether these proposals should take the form: (a) of an inter- national Convention, or (b) of a Recommendation to meet circumstances where the subject, or aspect of it, dealt with is not considered suitable or appropriate at that time for a Convention.

2. In either case a majority of two thirds of the votes cast by the dele- gates present shall be necessary on the final vote for the adoption of the Convention or Recommendation, as the case may be, by the Conference.

3. In framing any Convention or Recommendation of general appli- cation the Conference shall have due regard to those countries in which climatic conditions, the imperfect development of industrial organization, or other special circumstances make the industrial conditions substantially different and shall suggest the modifications, if any, which it considers may be required to meet the case of such countries.

4. Two copies of the Convention or Recommendation shall be authenti- cated by the signatures of the President of the Conference and of the Director-General. Of these copies one shall be deposited in the archives of the International Labor Office and the other with the Secretary-General of the United Nations. The Director-General will communicate a certified copy e Convention or Recommendation to each of the Members.

5.

In the case of a Convention:

(a) the Convention will be communicated to all Members for ratification;

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(b) each of the Members undertakes that it will, within the period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumstances to do so within the period. of one year, then at the earliest practicable moment and in no case later than 18 months from the closing of the session of the Conference, bring the Convention before the authority or authorities within whose competence the matter lies, for the enactment of legislation or other action;

(c) Members shall inform the Director-General of the International La- bor Office of the measures taken in accordance with this article to bring the Convention before the said competent authority or authorities, with particulars of the authority or authorities regarded as competent, and of the action taken by them;

(d) if the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Con- vention;

(e) if the Member does not obtain the consent of the authority or autho- rities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labor Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratifi- cation of such Convention.

6. In the case of a Recommendation:

(a) the Recommendation will be communicated to all Members for their consideration with a view to effect being given to it by national legislation or otherwise;

(b) each of the Members undertakes that it will, within a period of one year at most from the closing of the session of the Conference, or if it is impossible owing to exceptional circumstances to do so within the period of one year, then at the earliest practicable moment and in no case later than 18 months after the closing of the Conference, bring the Recommendation before the authority or authorities within whose competence the matter lies for the enactment of legislation or other action;

(c) the Members shall inform the Director-General of the International Labor Office of the measures taken in accordance with this article to bring the Recommendation before the said competent authority or autho- rities with particulars of the authority or authorities regarded as compe- tent, and of the action taken by them;

(d) apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director-General of the International Labor Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the

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