Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the Government’s reply to the 2009 International Trade Union Confederation (ITUC) comments. The Committee further notes the comments submitted by the ITUC in communications dated 4 and 31 August 2011 on the application of the Convention.The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. In its previous comments, the Committee had noted 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 previously 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 had also noted the Government’s indication that article 27 of the Basic Law guarantees that residents of the HKSAR shall have freedom of association and the right and freedom to form and join trade unions, while article 18(1) of the Hong Kong Bill of Rights, as set out in the Hong Kong Bill of Rights Ordinance, stipulates that “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests”. The Committee had further noted the ITUC’s indication that several substantive changes had been made to the draft text of article 23 but that there has not been an announced timetable for enactment of the bill and had requested the Government to include in its next report a copy of the draft bill for article 23 of the Basic Law and to indicate any progress made in the enactment of the bill. The Committee notes that the Government indicates in its report that at present, it does not have a timetable to embark on the legislative works but when the legislative exercise is to be taken forward, the Government will fully consult the community in order to achieve a broad-based consensus on the legislative proposals.In these circumstances, the Committee once again requests the Government to include in its next report a copy of the draft bill for article 23 of the Basic Law and to indicate any progress made in the enactment of the bill.