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

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

The Committee notes the communication of the International Trade Union Confederation (ITUC) and the Government’s response thereto.

Article 1 of the Convention. Information on legislative developments. The Committee notes the adoption of the Race Discrimination Ordinance (RDO) No. 29 of 2008, which covers domestic workers (with exceptions regarding recruitment which falls outside the scope of this Convention) and which provides for definitions of direct and indirect discrimination, and protects against harassment and victimization. It also notes that the Ordinance does not include immigration status and nationality among the prohibited grounds of discrimination. However, the Committee also notes that the Code of Practice on Employment under the Race Discrimination Ordinance states that although acts based on residency, nationality or citizenship would not constitute race discrimination, these grounds should not be used to hide race discrimination in practice. In such a case, the person discriminated against may bring legal proceedings in court or file a complaint to the Equal Opportunities Commission for investigation and conciliation. The Committee also notes that according to section 3.8.2(1) of the Code, which refers to section 21 of the RDO on employment agencies, arranging underpayment for workers of certain racial groups constitutes race discrimination. The Committee asks the Government to provide information on the practical application of the Race Discrimination Ordinance of 2008 to migrant workers, including on the number and nature of any complaints filed by migrant workers to the courts or to the Equal Opportunities Commission relating to the matters set out in Article 6(1)(a)–(d) of the Convention.

Article 6(1)(b). Equality of treatment with respect to social security. Standard employment contracts. The Committee notes the Government’s statement that in the financial year 2009–10 an estimated 30,000 immigrant workers, including “imported workers” and domestic workers had made use of public medical health services. The Government adds that at present the Government does not have any plan to implement the proposed seven-year residence requirement for eligibility for public health-care benefits. The Committee further notes the information provided on the claims lodged regarding non-payment of compensation of work-related injuries by employers and asks the Government to continue to provide information on the number of claims submitted by “imported workers” and domestic workers concerning non-compliance of social security provisions to the Labour Department, the Labour Tribunal or the Minor Employment Claims Adjudication Board.

Invalidity and old age. The Committee notes that domestic workers (both local and foreign) continue to be excluded from the Mandatory Provident Fund Schemes Ordinance (Chapter 485), which provides for an employment-based retirement protection system. The Committee further notes the information on the eligibility criteria for the Criminal and Law Enforcement Injuries Compensation Scheme (CLEIC), the Traffic Accident Victims Scheme (TAVA) and the Emergency Relief Fund (ERF). Noting that over 80 per cent of the migrant worker population are domestic workers, the Committee asks the Government to make special efforts to examine the situation with a view to taking measures to extend old-age benefits to domestic workers. Please confirm that foreign domestic workers are covered by the various schemes and funds, including the Brewin Trust Fund.

Family and childcare support services. The Committee asks the Government to provide information on the number and category of foreign workers (professionals, “imported workers” and domestic workers, and highly skilled persons admitted under the Quality Migrant Admission Scheme) who have benefited from the family and childcare support services.

Statistics. Please continue to provide statistical information, disaggregated by sex and nationality, on the number of persons admitted for employment under the categories of foreign professionals, domestic workers, and workers under the supplementary labour scheme as well as under the new Quality Migrant Admission Scheme.