Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee has noted the Government’s reply to its previous direct request.

1. Article 1(a) of the Convention. The Committee notes the following legislative provisions under which penalties of imprisonment (involving compulsory prison labour, in accordance with Rule 38 of the Prison Rules) may be imposed, namely:

-  printing, publishing, selling, distributing, importing, etc., of seditious publications or uttering seditious words (section 10 of the Crimes Ordinance, Cap. 200);

-  various violations of the prohibition of printing and publication; sections 18(i) and 20 of the Registration of Local Newspapers Ordinance, Cap. 268; regulations 9 and 15 of the News Agencies Registration Regulations, Cap. 268 sub. leg. A; regulations 8 and 19 of the Newspaper Registration and Distribution Regulations, Cap. 268 sub. leg. B; regulations 7 and 13 of the Printed Documents (Control) Regulations, Cap. 268 sub. leg. C);

-  various contraventions of regulation of broadcasting and telecommunications services (section 5 of the Broadcasting Ordinance, Cap. 562; section 20 and section 30, read in conjunction with section 33, of the Telecommunications Ordinance, Cap. 106); and

-  various contraventions of regulations of public meetings, processions and gatherings (section 17(A) of the Public Order Ordinance, Cap. 245).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It therefore requests the Government to provide information on the application of the above provisions in practice, including information as to whether the provisions have been enforced and copies of any court decisions defining or illustrating their scope, and on any measures taken or contemplated in order to ensure the observance of the Convention in this regard.

2. Article 1(c). The Committee notes the Merchant Shipping (Seafarers) (Disciplinary Offences on Board Ships) Regulation made under sections 107 and 134 of the Merchant Shipping (Seafarers) Ordinance. It hopes that the Government will supply, in its future reports, information on any other regulations made under the Ordinance, which might prescribe offences in respect of contraventions to the regulations punishable with imprisonment for a period of up to two years, as laid down in section 134(6) of the Ordinance.

3. The Committee previously noted 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 (which involves compulsory prison labour). It requested the Government to indicate any measures taken or envisaged regarding this section to ensure that no sanctions involving compulsory labour are being imposed as a means of labour discipline. The Committee has noted the explanations provided by the Government concerning the application of section 21(a) and certain provisions of the Prison Rules governing disciplinary proceedings. It requests the Government to provide information on the application of section 21(a) in practice, supplying copies of relevant court decisions and indicating the penalties imposed.

4. The Committee has noted the Public Service (Administration) Order, as amended, supplied by the Government with its report. According to section 6, this Order is without prejudice to any law providing for the punishment of officers by the Chief Executive or any other officer or authority. The Committee requests the Government to supply copies of any such laws with its next report.

5. Article 1(d). The Committee previously noted the provision of article 27 of the Basic Law, according to which the Hong Kong Special Administrative Region residents shall have the right and freedom to strike. The Government indicates in its report that adequate protection has been accorded to employees with regard to the right and freedom to strike. The Committee again requests the Government to supply a copy of the legislation regulating the right to strike. Please also indicate whether there are provisions according to which a strike may be declared illegal and what sanctions are applicable to participants in illegal strikes.