Lee 32 a 36
CONFIDENTIAL
FROM: PAUL FIFOOT
DEPUTY LEGAL ADVISER
DATE : 16 APRIL 1986
cc: Mr Hum, HKD
41
Mr Barton, HKD
UK DENUNCIATION OF INTERNATIONAL LABOUR CONVENTIONS : EFFECT ON NON-METROPOLITAN TERRITORIES
1.
I am asked to advise whether Hong Kong is to be considered as self-governing for the purposes of the constitution of the International Labour Organisation in respect of certain ILO Conventions. This is an embarrassing question.
2.
In formal, constitutional terms, Hong Kong is not self- governing in respect of the relevant ILO Conventions or indeed most other matters. However, as para 2 of Hong Kong's paper on the Government of Hong Kong and its relationship with HMG (Hong Kong telno 939 as amended) points out, Hong Kong "enjoys a much greater degree of autonomy than is apparent from reading the constitutional documents." One must also bear in mind para 3(2) of the Joint Declaration which provides for the Hong Kong SAR to enjoy "a high degree of autonomy." Having regard to future considerations, I have considered how far one can treat the present practical position as self-governing for the purposes of the ILO constitution. I think, however, there is considerable difficulty in doing so since self- government must involve some substantial element of constitutional capacity in the local population or its representatives and it is hard to attribute that capacity to a Governor who is responsible to the United Kingdom or a Legislative Council of which the majority are appointed.
3.
Apart from the constitutional problems, our approach to this issue must I think be largely conditioned by how we see Hong Kong's relationship with the ILO being developed between now and 1997 and the position in which Hong Kong wish to put themselves in anticipation of 1997. This is one of the organisations in which Hong Kong dannot become a member since membership is confined to states. It would be as well therefore to give preliminary consideration here to that question and then to see whether that indicates the kind of answer we could give, always bearing in mind the need not to misrepresent the constitutional position. One possibility (further discussion may throw up others) might be to respond on the basis that 'Hong Kong enjoys a great degree of autonomy in relation to the Conventions referred to, though it is not self-governing in the sense of Article 35 of the ILO constitution'. Perhaps we had better discuss with Mr Hum.
MAN 2011
нни
RECEIVED IN REGISTRY
17 APR 1986
R
'STRY
en
Rauffor
Paul Fifoot
CONFIDENTIAL
No comments yet.
Private notes are available after approval.