TNAG-1520-FCO40-2081-Employment-in-Hong-Kong-1986 — Page 100

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STATEMENT SUBMITTED BY THE INTERNATIONAL LABOUR OFFICE TO THE GOVERNING BODY OF LO AND SUBSEQUENTLY DISCUSSED AT THE 123RD

SESSION OF THE LATTER ON 27 NOVEMBER 1953. (A COPY FOLLOWS BY BAG).

THE STATEMENT, HEADED **APPENDIX V** WAS PREPARED FOR THE 5TH AGENDA TEM ON THE LO AND NON-METROPOLITAN TERRITORIES''. PARA

26 CONTAINS THE EXTRACT QUOTED IN OUR TELNO 1689 AND WRONGLY

DESCRIBED THERE AS A MINUTE. WE ACCEPT THAT PARA 26 S TOO WIDE AS #T STANDS, NAMELY (N PART) THAT 'THE POSSIBLITY OF A DECLARATION UNDER ARTICLE 35(4) HS NOT DEPENDENT ON THE CONVENTION CONCERNED BEING RATIFIED BY THE MEMBER ETC.'' HOWEVER, PARAS 24 AND 25 OF

THE STATEMENT MAKE IT CLEAR THAT THE PROPOSITION IS LIMITED TO

CONVENTIONS THE SUBJECT-MATTER OF WHICH IS WITHIN THE SELF-GOVERNING

POWER OF THE TERRITORY. THOSE PARAS DISTINGUISH, AS WE SEEK TO DO, BETWEEN THE ARTICLE 35(2) MECHANISM AND THE ARTICLE 35(4) MECHANISM WHILE PARA 27 SAYS, AS WE SAY, THAT ML CONVENTION 83 WAS ADOPTED TO PROVIDE AN EXTENSION MECHANISM IN RESPECT OF CONVENTIONS NOT

WITHIN THE SELF-GOVERNING POWER OF A TERRITORY.

5. THE DOCUMENT SUBMITTED BY THE L OFFICE WAS DULY CONSIDERED

BY THE GOVERNING BODY (COPY FOLLOWS BY BAG) BUT NO COMMENT WAS

PASSED ON THIS POINT. WE CONSIDER THAT SILENCE TO BE SIGNIFICANT

SINCE OF THE PROPOSITIONS IN PARAS 24 TO 27 WERE WRONG, THE

GOVERNING BODY WOULD SURELY HAVE CORRECTED THEM. IT MUST ALSO BE RELEVANT THAT THE UK REPRESENTATIVE SAND THE THE UK GOVERNMENT

WAS IN COMPLETE AGREEMENT WITH THE REPORT (SEE P 65 OF THE MINUTES)

6. HN THE LIGHT OF ALL THE ABOVE, WE ARE OF THE VIEW THAT WHERE THE SUBJECT-MATTER OF A CONVENTHON IS WITHIN THE SELF-GOVERNING POWERS OF HONG KONG, THEN THAT CONVENTION CAN BE APPLIED TO HONG KONG BY THE UK WHETHER OR NOT IT HAS BEEN RATIFIED BY THE UK, AND WHERE SUCH A CONVENTION HAS BEEN DENOUNCED BY THE UK, THAT

HIT CAN CONTINUE TO APPLY TO HK.

AKERS-JONES

YYYY

HMLNAN 0753

MINIMAL

HKD

ILA

UND

Confidential