Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations made by the Hong Kong Confederation of Trade Unions (HKCTU), received on 1 September 2015, and the Government’s reply thereon, received on 3 December 2015.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the Labour Advisory Board’s (LAB) Committee on the Implementation of International Labour Standards (CIILS) was consulted on all the reports to be submitted under article 22 of the ILO Constitution and on all replies to the Committee’s comments. Moreover, the Committee notes that reports under the Migration for Employment Convention (Revised), 1949 (No. 97), the Labour Relations (Public Service) Convention, 1978 (No. 151), and this Convention have been supplied to the HKCTU at its request. The Committee takes note of the LAB’s report covering the period 2013–14. The Committee requests the Government to continue to provide up-to-date information on the consultations held on the matters concerning international labour standards covered by the Convention.

Operation of the consultative procedures. The HKCTU again expresses its concern with respect to ineffective consultations indicating that it is still being excluded from the consultative process. The Government reiterates that effective consultations are carried out in the Hong Kong Special Administrative Region, China, with representatives of employers and workers serving on the LAB and its committees on an equal footing. Moreover, members from different trade unions including the HKCTU have been appointed to participate in some of the LAB committees to provide advice on labour matters. The Committee requests the Government to continue to provide detailed information on the efforts undertaken together with the social partners in order to promote and strengthen tripartism and social dialogue so as to facilitate the operation of the procedures which ensure effective tripartite consultations (Article 2(1) of the Convention), including measures taken in the near future to ensure the HKCTU’s meaningful participation in the consultative process.