Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee takes note of the Government’s report.

In its previous comments, the Committee had taken note of the comments made by the Hong Kong Confederation of Trade Unions (HKCTU) and the International Confederation of Free Trade Unions (ICFTU) concerning 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. The Committee observed that the proposals to implement article 23 had apparently been postponed and expressed the firm hope that any further action on proposed legislation to implement article 23 of the Basic Law would take fully into account the provisions of this Convention, in particular, the right of workers and employers to form and join the organization of their own choosing and to organize their administration and activities free from interference by the public authorities.

The Committee takes note of the Government’s statement in its latest report to the effect that it has no predetermined timetable to implement article 23 of the Basic Law at this stage and that it is committed to securing the community’s support and consensus before taking forward the article 23 exercise; the Government is also committed to upholding all fundamental rights and freedoms, including freedom of association and the right to form and join trade unions, guaranteed under the Basic Law and international labour Conventions as applied to the Hong Kong Special Administrative Region.