29 July 1992
Alan Jinkinson Esq General Secretary NALGO
1 Mabledon Place LONDON WC1H 9AJ
HKC 031/18
см
Foreign & Commonwealth
Office
London SW1A 2AH
From The Minister of State
ميل
Dear Mr Jüskinson,
Mr Boute
82917
Thank you for your letter of 6 July to the Secretary of State concerning the observance by the Hong Kong Government of its obligations under Internatioal Labour Organisation (ILO) conventions. I am replying as the Minister responsible for Hong Kong. I can assure you that we and the Hong Kong Government take seriously the importance to Hong Kong of the ILO conventions. That is why we have agreed with the Chinese Government that the relevant ILO conventions will continue to apply to Hong Kong after 1997 and that Hong Kong will continue to participate in the ILO. However, in so far as the organisation of labour relations not governed by international legal obligations, there are for HKG alone to decide. On the details of your letter I understand the Hong Kong Government's approach to the ILO conventions referred to is based on the following considerations:
Freedom of Association (ILO Convention No 87)
The Trade Union Ordinance provides for the formation of trade union federations, but only ones comprising unions whose members are engaged or employed in the same trade, industry or Occupation. This is allowed under Article 35 of ILO Constitution. With the consent of the Governor, trade unions and trade union federations may affiliate with international labour organisations.
No barrier is imposed on affiliation of local trade unions with bona fide international labour organisations. However, Hong Kong would wish to ensure that local unions are not controlled by inappropriate outside organisations. It should be noted that the Governor has so far given consent to all applications for external affiliation.
Right to Bargain Collectively (ILO Convention 98) The Hong Kong Government maintains that employers and employees should be left free to decide between them what kind of agreement they want to reach, what its terms shall provide and how best to ensure that all the parties concerned fulfil
/their part
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