TNAG-1520-FCO40-2081-Employment-in-Hong-Kong-1986 — Page 105

OCMIAN 7111

CONFIDENTIAL

PP HOKON

FM FCOLN TO HOKON

011600Z JUL

GRS 662

HILLC

RECEIVES

2107

}

4 JUL 1936

CONFIDENTIAL

47111 1

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 1299

OF 011600Z JULY 86

INFO PRIORITY UKMIS GENEVA

62

OUR TELNO 1185ILO: CONVENTION NO 26: CREATION OF MINIMUM WAGE

FIXING MACHINERY

1.

WE HAVE NOW RECEIVED LEGAL ADVISERS' COMMENTS ON POSSIBLE

MEANS OF ENABLING YOU TO CONTINUE TO APPLY IL CONVENTION NO 26

DESPITE OUR DENUNCIATION OF THE CONVENTION.

2.

DESPITE THE EXTRACT FROM THE ILO MINUTES QUOTED IN YOUR

TELNO 1689, LEGAL ADVISERS CONSIDER THAT PARA 4 OF ARTICLE 35

CANNOT BE OPERATED WHOLLY INDEPENDENTLY OF THE METROPOLITAN

STATE'S (IE UK'S) ADHERENCE TO THE CONVENTION IN QUESTION. THEY

CONSIDER THAT IN THE OPENING WORDS OF PARA 4, 'WHERE THE SUBJECT

MATTER OF THE CONVENTION IS WITHIN THE SELF-GOVERNING POWERS

>

THE DEFINITE ARTICLE 'THE' BEFORE 'CONVENTION' MUST REFER

BACK TO THE EARLIER REFERENCES IN THE ARTICLE, WHICH ARE TO A

CONVENTION (NEXT SIX WORDS UNDERLINED) RATIFIED BY THE MEMBER

STATE CONCERNED. THUS, IN PARA 1 THE BASIC OBLIGATION OF ARTICLE

35 IS THAT MEMBERS UNDERTAKE 'THAT CONVENTIONS (NEXT FOUR WORDS

UNDERLINED) THAT THEY HAVE RATIFIED

SHALL BE APPLIED TO THE NON-METROPOLITAN TERRITORIES FOR WHOSE INTERNATIONAL RELATIONS

THEY ARE RESPONSIBLE'. PARA 2 BEGINS 'EACH MEMBER (NEXT FOUR

WORDS UNDERLINED) WHICH RATIFIES A CONVENTION SHALL ....' AND

1

CONFIDENTIAL

68

Labor

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