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HRC 031/18
From:R A J Bunten
Hong Kong Dept
Date: 24 July 1992
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LETTER FROM NALGO: HONG KONG AND ILO CONVENTIONS
1
1. I submit a draft reply from Mr Goodlad to a letter from Mr Alan Jinkinson, General Secretary of NALGO on Hong Kong's observation of ILO conventions. Mr Jinkinson's letter like the earlier letter from Mr Hogg MP, has been inspired by the Hong Kong Federation of Civil Service Unions. The reply, which draws heavily on material from Hong Kong, is substantially similar to that sent to Mr Hogg.
RA3But
RAJ Bunten
nalgo.min3.IRO.rb
Our ref:
HK 1 hg/pg
ef:
When telephoning please ask for:
Hilary Grindrod, ext. 441
6 July 1992
Dear Foreign Secretary
Hong Kong
10 JUL 1992 нко
ALLOCATI
Mr Brunten
nalgo
NATIONAL AND LOCAL
GOVERNMENT OFFICERS ASSOCIATION
General Secretary: Alan Jinkinson
1 Mabledon Place London WC1H 9AJ
Tel: 071-388 2366 Fax: 071-387 6692
You will be aware from previous correspondence of NALGO's contacts with independent trade unions in Hong Kong and our belief in the need to introduce strong democratic traditions into Hong Kong prior to the handover in 1997, to provide a bulwark against possible strong-arm tactics by mainland China after that date.
In this respect, my National Executive Council believes it is important that the principles of international law be brought to bear in Hong Kong well before 1997, and that these should include respect for ILO Conventions.
I was therefore concerned to learn recently from the Federation of Civil Service Unions that a number of ILO Conventions are still not being observed by the Hong Kong government. The most significant contraventions are of ILO Convention No. 87 on Freedom of Association, Convention 198 on the Right to Bargain Collectively and Convention 151.
Trade unions are currently not allowed to form federations and are obliged to seek approval from the Hong Kong Governor before being allowed to affiliate to international trade union organisations - both these provisions are in violation of ILO Convention No. 87, by which all member states of the ILO are deemed to be bound, whether they have formally ratified it or not.
Adrian Smith - IL Ad.
210
The right to bargain collectively is still not enshrined in legislation or practice. In the Civil Service, there is no collective bargaining machinery. The Senior Civil Service Council has a consultative role, but its members are 85x appointed and it certainly could not be said to be representative of the civil service unions, a tiny minority of which are represented on the SCSC.
Finally, the blanket ban on the right of public employees to stand for political office is not only a violation of public employees' rights, but also bodes ill for democratic development in Hong Kong. As I understand it, any civil servant, regardless of his/her status and salary, is required to resign before putting him/herself forward for public office. This drastic requirement is bound to discourage participation in such democratic structures as do exist and will surely count as a severe obstacle to the development of democratic consciousness in Hong Kong.
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The Rt Hon Douglas Hurd CBE MP Foreign and Commonwealth Secretary Foreign and Commonwealth Office
Downing Street
London SWIA 2AL
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