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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - China - Hong Kong Special Administrative Region (RATIFICATION: 1997)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) and the Hong Kong Confederation of Trade Unions (HKCTU) in communications dated 30 August 2013 on the application of the Convention. The Committee notes the Government’s reply to the 2011 ITUC comments, concerning similar issues.

Article 2 of the Convention. The Committee had previously noted the proposals to implement article 23 of the Basic Law which, among others, would allow for the proscription of any local organization which was subordinate to a mainland organization, the operation of which had been prohibited on the grounds of protecting the security of the State, and expressed the firm hope that the Government would ensure that the new legislation would be in line with the Convention. The Committee notes that the Government indicates in its report that it has a constitutional duty to protect national security and to enact laws which are in accordance with article 23 of the Basic Law and adds that its currents priorities are to deal with the various social and livelihood issues. Moreover, the Committee notes the Government’s indication that when the legislative exercise will be taken forward, the Government will fully consult the community in order to achieve a broad-based consensus on the legislative proposals. It further notes the Government’s indication that any legislative proposal be drawn up will be consistent with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to the Hong Kong Special Administrative Region. The Committee requests the Government to provide information on any developments in this regard, including on consultations with the social partners on any legislative proposals.