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local labour legislations. Hence, if local workers want to extricate themselves from such unfair treatment, it is really necessary for them to strive for the establishment of a comprehensive social security system for the labour sector safeguarded by legislation.
The labour population in HK has already exceeded 2.5 million. But judging from the articles of the "Draft Basic Law', the rights and interests of this large sector of people have been neglected, and are neither well looked after nor fully protected. The term 'labour' can only be found in 4 articles of the 'Draft Basic Law', i.e., only Articles 26, 35, 155 and 157 are related to labour issues. Moreover, the contents of these articles are not specific and detail enough. The fundamental rights to which the labouring class should be entitled have not been specified or elaborated. This shows that the working class is not respected. Article 155 has been most widely discussed among the labour sector. The term ‘labour-management consultations' referred to in this Article really bothers the workers. This is because the Government would not formulate any labour policy if the employers refuse to have consultations. In fact, the enactment of labour laws in Hong Kong at present has been repeatedly delayed due to 'consultation' issues of the Labour Advisory Board. As a result, no progress is made in the protection of labour, not to mention improvement through 'consultations'. In the absence of specific guidelines on 'labour-management consultations', the workers' right to bargain has virtually been ignored, so that the working class cannot come under the protection of the law. This is an unreasonable and unfair article, leaving no room for development and improvement. This will only lead to confrontations and conflicts between labour and management.
Various representatives of labour organizations in Hong Kong have already made known their views on different occasions, requesting that the Basic Law should stipulate the statutory rights and protections which workers are entitled to enjoy. It is a pity that the 'Draft' has not taken these issues into account.
As a member of the 'working class', I would now like to urge that the Basic Law should include provisions on the protection of justifiable rights of workers, such as the right to strike, recognition of labour unions, the right to collective bargaining, the right of employment, safeguards to ensure industrial safety, health protection, labour welfare and protection upon retirement etc. Moreover, it should also be stipulated that the International Labour Convention shall be implemented in the future SAR through legislation. Local labour organizations and those in the Mainland should remain independent of each other and adhere to the principle of non-interference and mutual respect.
Prosperity and stability will hinge on the mutual co-operation of investors and the working class. Damages to either party will do nothing good to future development.
HONG KONG URBAN COUNCIL
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133
Earlier this month, Mainland members of the Drafting Committee visited Hong Kong again to further solicit local views on the Draft Basic Law. They stressed that the working principle of the Drafting Committee is to take into consideration the interests of all social strata in Hong Kong, including the industrial and commercial sectors, the middle class and the grass-roots working class. It is impossible to attach importance to one party while neglecting another. There should be no conflict between these three social strata; rather, they should take care of each other and maintain a state of equilibrium among themselves. They also admitted that articles concerning labour in the Draft Basic Law are not mature enough and various labour problems have been overlooked. Hence they visited Hong Kong again with the main objective to gain a better understanding of Hong Kong's labour conditions and the demands of the labour sector, so as to make further amendments to the articles concerning labour.
I sincerely hope that both Hong Kong and Mainland Members of the Drafting Committee would listen, once again, to the proposals put forward by representatives of the labour sector in Hong Kong and then make reasonable amendments to the provisions on labour in the Draft, so that its articles on labour rights and interests will meet with practical requirements in Hong Kong. Labour protection should not be brought to a standstill. Instead, it should be extended beyond 1997 to keep pace steadily with the transition to a high degree of autonomy, democratization of the system of government and maintenance of stability and prosperity in Hong Kong.
Madam Chairman, with these remarks, I support your motion.
MR. MAN SAI-CHEONG (in Cantonese):—Madam Chairman, in introducing the Urban Council's 1988 Annual Report just now, Mr. LAU made particular reference to its title 'The Soaring City' and stressed that this soaring city was a cosmopolitan city. Inspired by this remark, I would like to talk about two general principles of the Draft Basic Law in this respect.
The first point I must emphasize is that Hong Kong is a city which is ever developing, and that also includes its development in politics. The time for Hong Kong remaining as a colony is running short. What will come next is a special administrative region with a high degree of autonomy. The transition from a colony to an administrative region with a high degree of autonomy will certainly require developments in some aspects. I hope that all the parties concerned will take into consideration that, during the transition period, the political awareness of the Hong Kong people will gradually heighten. In the past, we had direct elections only for the Urban Council, but by now two elections for the district boards and one for the Regional Council have been held. In 1991, there will be direct elections for the Legislative Council. The development from direct elections on a district basis to those on a central basis is a gradual change. Similarly, the development from election for a council with limited power to election for one with a greater discretionary power is also
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HONG KONG URBAN COUNCIL
local labour legislations. Hence, if local workers want to extricate themselves from such unfair treatment, it is really necessary for them to strive for the establishment of a comprehensive social security system for the labour sector
safeguarded by legislation.
The labour population in HK has already exceeded 2.5 million. But judging from the articles of the "Draft Basic Law', the rights and interests of this large sector of people have been neglected, and are neither well looked after nor
fully protected. The term 'labour' can only be found in 4 articles of the 'Draft Basic Law', i.e., only Articles 26, 35, 155 and 157 are related to labour issues. Moreover, the contents of these articles are not specific and detail enough. The fundamental rights to which the labouring class should be entitled have not been specified or elaborated. This shows that the working class is not respected. Article 155 has been most widely discussed among the labour sector. The term ‘labour-managment consultations' referred to in this Article really bothers the workers. This is because the Government would not formulate any labour policy if the employers refuse to have consultations. In fact, the enactment of labour laws in Hong Kong at present has been repeatedly delayed due to 'consultation' issues of the Labour Advisory Board. As a result, no progress is made in the protection of labour, not to mention improvement through 'consultations'. In the absence of specific guidelines on 'labour-management consultations', the workers' right to bargain has virtually been ignored, so that the working class cannot come under the protection of the law. This is an unreasonable and unfair article, leaving no room for development and improve- ment. This will only lead to confrontations and conflicts between labour and management.
Various representatives of labour organizations in Hong Kong have already made known their views on different occasions, requesting that the Basic Law should stipulate the statutory rights and protections which workers are entitled to enjoy. It is a pity that the 'Draft' has not taken these issues into account.
As a member of the 'working class', I would now like to urge that the Basic Law should include provisions on the protection of justifiable rights of workers, such as the right to strike, recognition of labour unions, the right to collective bargaining, the right of employment, safeguards to ensure industrial safety, health protection, labour welfare and protection upon retirement etc. More- over, it should also be stipulated that the International Labour Convention shall be implemented in the future SAR through legislation. Local labour organizations and those in the Mainland should remain independent of each other and adhere to the principle of non-interference and mutual respect.
Prosperity and stability will hinge on the mutual co-operation of investors and the working class. Damages to either party will do nothing good to future development.
HONG KONG URBAN COUNCIL
Page 70 of 182
133
Earlier this month, Mainland members of the Drafting Committee visited Hong Kong again to further solicit local views on the Draft Basic Law. They stressed that the working principle of the Drafting Committee is to take into consideration the interests of all social strata in Hong Kong, including the industrial and commercial sectors, the middle class and the grass-roots working class. It is impossible to attach importance to one party while neglecting another. There should be no conflict between these there social strata; rather, they should take care of each other and maintain a state of equilibrium among themselves. They also admitted that articles concerning labour in the Draft Basic Law are not mature enough and various labour problems have been overlooked. Hence they visited Hong Kong again with the main objective to gain a better understanding of Hong Kong's labour conditions and the demands of the labour sector, so as to make further amendments to the articles
concerning labour.
I sincerely hope that both Hong Kong and Mainland Members of the Drafting Committee would listen, once again, to the proposals put forward by representatives of the labour sector in Hong Kong and then make reasonable amendments to the provisions on labour in the Draft, so that its articles on labour rights and interests will meet with practical requirements in Hong Kong. Labour protection should not be brought to a standstill. Instead, it should be extended beyond 1997 to keep pace steadily with the transition to a high degree of autonomy, democratization of the stystem of government and maintenance of stability and prosperity in Hong Kong.
Madam Chairman, with these remarks, I support your motion.
MR. MAN SAI-CHEONG (in Cantonese):—Madam Chairman, in introducing the Urban Council's 1988 Annual Report just now, Mr. LAU made particular reference to its title 'The Soaring City' and stressed that this soaring city was a cosmopolitan city. Inspired by this remark, I would like to talk about two general principles of the Draft Basic Law in this respect.
The first point I must emphasize is that Hong Kong is a city which is ever developing, and that also includes its development in politics. The time for Hong Kong remaining as a colony is running short. What will come next is a special administrative region with a high degree of autonomy. The transition from a colony to an administrative region with a high degree of autonomy will certainly require developments in some aspects. I hope that all the parties concerned will take into consideration that, during the transition period, the political awareness of the Hong Kong people will gradually heighten. In the past, we had direct elections only for the Urban Council, but by now two elections for the district boards and one for the Regional Council have been held. In 1991, there will be direct elections for the Legislative Council. The development from direct elections on a district basis to those on a central basis is a gradual change. Similarly, the development from election for a council with limited power to election for one with a greater discretionary power is also
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