Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - China - Hong Kong Special Administrative Region (Ratification: 1997)

normal'>(notification: 1997)

The Committee notes the detailed report of the Government including information on recent legislative changes which give further effect to the Convention. These changes include amendments of the Dangerous Goods (Shipping) Regulations, Chapter 295, in 2005, and the Shipping and Port Control Ordinance, Chapter 313 (until 21 July 2007). They also include the adoption on 2 January 2007 of: the Shipping and Port Control (Works) Regulation; the Merchant Shipping (Local Vessels) Ordinance, Chapter 548; the Merchant Shipping (Local Vessels) (Works) Regulation, Chapter 548 I; the Merchant Shipping (Local Vessels) (Safety and Survey) Regulation, Chapter 548 G; and the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation, Chapter 548 D, and the consequential repeal of the Shipping and Port Control (Cargo Handling) Regulations, Chapter 313 B; the Merchant Shipping (Launches and Ferry Vessels) Regulations, Chapter 313 E; and the Merchant Shipping (Miscellaneous Craft) Regulations, Chapter 313 F. The Committee also notes that loadshifting machines are now controlled under the Industrial Undertaking (Loadshifting Machinery) Regulation, 2006.

Part V of the report form. Application in practice. The Committee welcomes the detailed statistical information provided, including information on reported accidents and their causes. As regard dock work on ships/lighters for the period 1 June 2002 to 31 March 2007 compared to the period 1 January 1996 to 31 March 2001, the Committee notes that the data seems to indicate a notable increase in the number of fatal accidents (from 33 to 44), a decrease in the overall number of reported non-fatal accidents (from 2,409 to 2,042) and a notable increase of the non-fatal accidents within the miscellaneous category (from 46 to 133). The Committee requests the Government to provide further information on the application in practice of this Convention including detailed information on measures taken or envisaged to address these trends.

The Committee also reminds the Government that the Governing Body has invited the State parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/. The Committee would be grateful if the Government could keep the Office informed of any developments in this respect.