Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Migration for Employment Convention (Revised), 1949 (No. 97) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Further to its observation, the Committee asks the Government to provide, in its next report, information on the following points.

1. Article 5(b) of the Convention. The Government states in its report that medical attention is available for most immigrant workers on board aircraft or seagoing passenger vessels. For foreign domestic workers and imported workers, free medical care after arrival is provided by employers. It is also mentioned that immigrant workers can receive medical treatment at public hospitals or clinics. In light of the proposed measure by the Hong Kong Administration to exclude imported workers from public health care benefits in future, including foreign domestic workers who have not resided in Hong Kong (SAR) for more than seven years, and the conclusions and recommendations of the Governing Body (GB.288/17/2, paragraphs 44 and 45) in this regard, the Committee asks the Government to indicate whether imported workers continue to be entitled to receive medical treatment at public hospitals and clinics. As there is no reference to the members of the workers’ families, the Government is also requested to provide information on the medical services available for the workers’ families with its next report.

2. With respect to social security, the Committee notes from the information previously provided by the Government that there is no distinction between local and foreign workers with regard to work-related injuries/death benefits (under the Employees’ Compensation Ordinance), or with regard to benefits for sickness, maternity and unemployment in the form of severance payments (under the Employment Ordinance). Please confirm that there is no distinction with respect to the other grounds mentioned in Article 6(b) such as invalidity, old age and family responsibilities.

3. Article 11. The Committee would be grateful if the Government would specify what persons are regarded to be "frontier workers".

4. The Committee asks the Government to continue to provide statistical data concerning foreign workers employed in Hong Kong and to communicate the results of the relevant activities of the labour inspection services, in accordance with the provisions of the Convention. The Committee also asks the Government to state whether courts of law or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

[The Government is asked to report in detail in 2004.]