Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Abolition of Forced Labour Convention, 1957 (No. 105) - China - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee has taken note with interest of the Government's first report on the application of the Convention.

1. Article 1(a) of the Convention. The Committee notes the Government's indication in its report, with regard to persons coming within the purview of Article 1(a) of the Convention, that these persons are not and will not be subjected to forced or compulsory labour in the Hong Kong Special Administrative Region. The Committee would appreciate it if the Government would supply copies of the laws governing the press, assemblies, meetings and demonstrations.

Article 1(c)

2. The Committee notes that under section 107(1) of the Merchant Shipping (Seafarers) Ordinance, the Secretary for Economic Services may make regulations to impose fines on seafarers committing disciplinary offences. The Committee also notes that under section 134(6) of the same Ordinance, any regulations made under this Ordinance may prescribe offences in respect of contravention to the regulations, and may provide for the imposition in respect of any such offence of imprisonment for a period not exceeding two years. The Committee requests the Government to supply copies of any regulations made under section 107(1) and 134(6) of the Merchant Shipping (Seafarers) Ordinance.

3. The Committee notes that section 20C of the Prisons Ordinance, Chapter 234, regulates offences against discipline by Chief Officers, subordinate officers and other persons employed in the prisons and provides that if one of the abovementioned persons commits or is charged with a disciplinary offence, the matter shall be investigated and the officer or person concerned, dealt with in the appropriate manner provided under the Prisons Ordinance or in the rules made under section 25. Section 25(1)(c) and (d) of the Prisons Ordinance regulate the power of the Chief Executive in Council to make rules, inter alia, for the duties and conduct of the officers of the Correctional Services Department and other persons employed in the prisons and hostels and for the acts which shall be disciplinary offences on their part. The punishments provide for disciplinary offences under section 25(1)(d) include, inter alia, performance of extra duty. According to section 25(2), any rule made under the Ordinance may provided that contravention thereof shall be an offence, and may provide that such an offence be punished with imprisonment of up to six months.

The Committee also notes that section 21(a) of the Prisons Ordinance, Chapter 234 lays down penalties for misconduct and provides that any officer of the Correctional Services Department or other person employed in the prisons, who after having duly engaged to serve as such absents himself from his duties, shall be guilty of an offence and shall be liable on conviction to imprisonment for six months.

The Committee further notes that rules 247(b), 248(b)(vii), 254(a)(vii) and (b) and 255 of chapter 243A of the Prison Rules provide for the imposition, by the Superintendent, the Commissioner and the Governor, of extra duties as a punishment of a Chief Officer, subordinate officer or other persons employed in the prisons who are found guilty or plead guilty to a disciplinary offence.

Referring to paragraph 110 of its 1979 General Survey on the abolition of forced or compulsory labour, the Committee recalls that the Convention does not protect persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger. However, in such cases there must exist an effective danger, not mere inconvenience. Furthermore, the workers concerned must remain free to terminate their employment by reasonable notice.

The Committee requests the Government to indicate any measures taken or envisaged regarding section 21(a) of the Prisons Ordinance and the abovementioned rules of the Prisons Rules to ensure that no sanctions involving compulsory labour are being imposed as a means of labour discipline. It also requests the Government to indicate any further rules, not included in the Prisons Rules, that may have been made under section 25(2) of the Prisons Ordinance, insofar as they provide for the punishment of disciplinary offences by persons employed in the prisons.

4. The Committee also requests the Government to supply a copy of the Public Service (Administration) Order.

5. Article 1(d). The Committee notes the Government's indication in its report that exaction of forced or compulsory labour is not and will not be used as a punishment for having participated in strikes and that article 27 of the Basic Law provides that the Hong Kong Special Administrative Region residents shall have the right and freedom to strike. The Committee would appreciate it if the Government would supply a copy of the legislation regulating the right to strike.