Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Article 5 of the Convention. Tripartite consultations required by the Convention. The Committee takes note of the information supplied in the report received for the period ending in May 2013. The Government indicates that the matters covered by Article 5 are primarily the responsibilities of the Committee on the implementation of International Labour Standards (CIILS) under the auspices of the Labour Advisory Board (LAB). During the period covered by the Government’s report, the CIILS was consulted on all reports submitted under article 22 of the ILO Constitution and on all replies to the comments made by the Committee. The Committee further notes that the CIILS also discussed the proposed legislative amendments for the application of the Maritime Labour Convention, 2006 (MLC, 2006). Furthermore, a tripartite team including representatives of the CIILS and the LAB was set up to attend the 100th and 101st Sessions of the Conference. Moreover, the Committee notes that the last report of the LAB covering the 2011–12 period refers to the consideration by the CIILS of 14 reports submitted pursuant to article 22 of the ILO Constitution. The Committee invites the Government to continue to provide up-to-date information on the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention.

Operation of the consultative procedures. The Committee notes the observations made by the Hong Kong Confederation of Trade Unions (HKCTU) in September 2013. The HKCTU indicates that the manner in which workers’ representatives are chosen cannot ensure effective consultations, as the HKCTU, the second largest union confederation, is excluded from tripartite consultations. The HKCTU explains that the choice of the workers’ representatives to the LAB uses a specific mechanism. They are elected on a biannual basis by workers’ trade unions in a secret ballot. Each registered union has five votes no matter how many members the union has. In such a mechanism, the largest union confederation can dominate the result. In the 2012 election, 362 unions voted. Most of the votes were from the affiliates of the Hong Kong Federation of Trade Unions (HKFTU), which has 184 affiliates in total. Although the HKCTU is the second largest union confederation in Hong Kong consisting of around 90 affiliates, it is impossible for the HKCTU’s representatives to be elected without the agreement of the HKFTU. In the reply received in November 2013, the Government indicates that it adheres to the principle of tripartism through the operation of the LAB, by following closely the principle of free choice in the appointment of representatives of employers and workers. All registered trade unions, regardless of whether they are affiliated to any union groups, are free to choose their representatives to sit on the LAB. The Committee recalls its 2011 observation and invites the Government to consult with the social partners on the manner in which the effectiveness of the operation of the consultative procedures in place could be improved to ensure that the HKCTU will also take part in the consultative process.

[The Government is asked to reply in detail to the present comments in 2014.]