TNAG-1520-FCO40-2081-Employment-in-Hong-Kong-1986 — Page 99

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PUBLICATION INTERNATIONAL LABOUR CONVENTIONS AND RECOMMENDATIONS

1919 TO 1981. THINS LISTS THE VARIOUS DECLARATIONS OF APPLICATION

OF CONVENTIONS TO NON-METROPOLITAN TERRITORIES AS FOLLOWS:

(A) CONVENTIONS NOS 1 TO 9, 10 TO 25, 50, 53 TO 57, 64 AND 65 REQUIRE RATIFICATION BY THE MEMBER STATE, BUT MAKE NO MENTION

OF SELF-GOVERNING POWERS.

(B) IN CONVENTIONS NOS 81 AND 84 TO 88, THERE IS AN ADDITIONAL ARTHICLE RELATING TO CONVENTIONS THE SUBJECT MATTER OF WHICH S

WITHIN THE SELF-GOVERNING POWERS OF THE NON-METROPOLITAN TERRITORY.

NOTE THAT THERE IS NO REQUIREMENT OF RATIFICATION BY THE MEMBER

STATE IN THAT ARTICLE.

(C) N CONVENTIONS NOS 94 TO 103, THERE IS ONE ARTICLE WHICH REFERS TO ARTICLE 35(2) OF THE HIL CONSTITUTION AND MENTHONS RATIFICATION BY THE MEMBER STATE. THERE IS ANOTHER ARTICLE WHICH REFERS TO ARTICLE 35(4) AND (5) AND MAKES NO MENTION OF RATIFICATION. THIS IS EXACTLY IN LINE WITH OUR PROPOSITIONS AT PARA 1(D) ABOVE.

3. OUR RESEARCH SHOWS THAT THE CONCEPT OF SELF-GOVERNING POWERS OF AN NMT BEING A FACTOR #N APPLYING IL CONVENTIONS WAS APPARENTLY

INTRODUCED IN 1946. (CHAPTER IN ENTITLED PROPOSED INTERNATIONAL LABOUR OBLIGATIONS IN RESPECT OF NON-SELF-GOVERNING TERRITORIES** OF REPORT HV (1) OF THE 29TH SESSION. 1946 OF THE INTERNATIONAL LABOUR CONFERENCE AS RELEVANT: A COPY FOLLOWS BY BAG). IN THAT YEAR ARTICLE 35 OF THE CONSITUTION OF THE "LO WAS AMENDED TO ADD ARTICLE 35(4), WHICH EMBODIES THE CONCEPT OF SELF-GOVERNING POWERS OF AN NMT AND ARTICLE 35(5) TO (8) WHICH GOVERN THE MANNER OF ACCEPTING OBLIGATIONS IN PURSUANCE OF ARTICLE 35(4), PROVISIONS #N THE CONVENTIONS REFERRED TO IN PARA 2(A) ABOVE LEAD TO THE VIEW THAT RATIFICATION OF A CONVENTION WAS A PRE-REQUISITE FOR ITS

EXTENSION TO A TERRITORY IN ALL CASES UP TO 1946 WHEN THE CONCEPT OF SELF-GOVERNING POWERS WAS FIRST INTRODUCED, BUT THAT THEREAFTER RATIFICATION WAS ONLY NEEDED WHEN THE SUBJECT-MATTER WAS

NOT WITHIN THE SELF-GOVERNING POWERS OF THE TERRITORY. THIS ALSO EXPLAINS WHY IL CONVENTIONS UNDER PAPA 2 (B) ABOVE AND THOSE UNDER PARA 2(A) ABOVE HAVE DIFFERENT EXTENSION PROVISIONS. IT ALSO POINTS TO A RATIONALE FOR LC 83, NAMELY TO EMPHASISE THAT IN RESPECT OF CONVENTIONS LISTED IN THE SCHEDULE, EXTENSION TO A TERRITORY 'S POSSIBLE EVEN WHERE THE CONVENTION IS NOT WITHIN THE SELF-GOVERNING POWERS OF THAT TERRITORY, ARTICLE 2 OF LC 83 THEM BECOMES MERELY DECLARATORY OF EXISTING LAW, AND ONLY ARTICLE 1

HIS NEW.

4. THE VIEW THAT A CONVENTION WITHIN A TERRITORY'S SELF- GOVERNING POWERS HAS ALWAY BEEN CAPABLE OF BEING EXTENDED TO T WITHOUT RATIFICATION BY THE MEMBER STATE IS SUPPORTED BY A

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/STATEMENT

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