Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

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 transmitted by the Federation of Civil Service Unions to the effect that the national legislation authorises the establishment of federations of trade unions only when all the members belong to the same trade, occupation or industry, contrary to Article 5 of the Convention.

The Committee notes in this connection that the Government of the United Kingdom, which ratified Convention No. 87 for the United Kingdom in 1949, at first reserved its decision concerning the declaration of the applicability of this Convention to Hong Kong in a communication dated 29 December 1958. The Government of the United Kingdom then withdrew this reservation and declared Convention No. 87 applicable to Hong Kong with modifications concerning Articles 3, 5 and 6 of the Convention in a communication dated 15 October 1963. It renewed its declaration of the applicability of Convention No. 87 with the same modifications in a communication dated 4 June 1979. The modifications provide, inter alia, that any federation may be established only by trade unions whose members belong to the same trade, occupation or industry.

The Committee notes that under the terms of article 35 of the Constitution of the ILO, each Member which ratifies a Convention shall as soon as possible after ratification communicate to the Director-General of the ILO a declaration stating, in respect of the non-metropolitan territories for which it is responsible for the international relations, the extent to which it undertakes that the provisions of the Convention shall be applied. Each Member which has communicated a declaration of this type may from time to time, in accordance with the terms of the Convention, communicate a further declaration modifying the terms of any former declaration.

The Committee notes that in this case the Government of the United Kingdom availed itself of the right conferred upon it by article 35 of the Constitution of the ILO by specifying in 1963 and in 1979 the modifications to the provisions of Convention No. 87 that it considered necessary to adapt the Convention to local conditions.

The Committee nevertheless requests the Government to examine the comments made by the Federation of Civil Service Unions and to communicate its observations and comments on this subject in view of the fact that the application of Articles 3, 5 and 6 of the Convention without modifications would permit workers' organisations to establish and join federations and confederations of their own choosing.

The Committee also recalls that it addressed a direct request to the Government in March 1989, concerning which it will continue its examination on the basis of the Government's report for the period ending 30 June 1990.