Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 Trade Union Confederation (ITUC) and the Hong Kong Confederation of Trade Unions (HKCTU) received on 1 September 2019, concerning the application of the Convention and denouncing intimidation and harassment of workers in the context of public protests, as well as limited protection of the right to assembly and the right to strike, accompanied by excessive penalties. The Committee notes the Government’s reply thereto. The Committee further observes that the Government does not provide any information on the 2016 ITUC observations 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 ITUC allegations.

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 organizations of their own choosing and to organize their administration and activities free from interference by the public authorities. The Committee expressed the firm hope that the Government would ensure that any new legislation would take due account of the Committee’s comments and be in line with the Convention. The Committee notes the Government’s indication that while it has a constitutional responsibility to legislate for article 23 of the Basic Law in order to safeguard national security, it will carefully consider all relevant factors, act prudently and continue its efforts to create a favourable social environment for the legislative work. The Government states that it will listen to public views earnestly and explore ways to enable the society to respond positively to the constitutional requirement. Continuing to express 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 provide information on any developments in relation to the legislative proposals implementing article 23 of the Basic Law, including on consultations held with the social partners in this regard.

The Committee welcomes the statistics supplied by the Government according to which, as of 31 May 2019, the number of trade unions was 914, representing an increase of 13.1 per cent in the last ten years.