Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 27 November 2013 and 1 September 2016, which are of a general nature.

The Committee notes the observations from the International Trade Union Confederation (ITUC) received on 31 August 2016 concerning the application of the Convention, including the alleged arrest of Mr Yu Chi Hang, organizing secretary of the Hong Kong Confederation of Trade Unions (HKCTU), after leading a demonstration to demand improvements in workers’ rights; and the alleged dismissal of all workers (coach drivers) prior to an announced strike coupled with the hiring of replacement labour. The Committee requests the Government to provide its comments on these allegations. It also notes the Government’s comments on the 2013 ITUC and HKCTU observations.

Article 2 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization. The Committee had previously 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; and had considered that those proposals could impede 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 notes that the Government reiterates that: (i) it has a constitutional duty to protect national security and to enact laws which are in accordance with article 23 of the Basic Law; (ii) its current priorities are to deal with the various social and livelihood issues; (iii) when the legislative exercise will be taken forward, the Government will fully consult the community in order to achieve a broad-based consensus on the legislative proposals; and (iv) any legislative proposal drawn up will be consistent with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as applied to the Hong Kong Special Administrative Region, and the relevant provisions of the Basic Law protecting various rights and freedoms. Expressing the firm hope that the Government will ensure that any new legislation will take due account of the Committee’s comments and be in line with the Convention, the Committee requests the Government to continue to provide information on any developments in relation to the legislative proposals implementing article 23 of the Basic Law, including on broad-based consultations held with the social partners in this regard.

The Committee welcomes the statistics supplied by the Government according to which, as at 31 May 2016, the number of trade unions was 886, representing an increase of 19.4 per cent in the last ten years.