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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2(1) and 3(1) of the Convention. Effective tripartite consultations. Election of representatives of the social partners. The Committee has been requesting for some years that the Government and the social partners promote and strengthen tripartism and social dialogue in order to facilitate the operation of the procedures governing effective tripartite consultations, including ensuring the meaningful participation of the Hong Kong Confederation of Trade Unions (HKCTU) in the consultation process. In its previous comments, the Committee expressed its concern that there is a risk that the HKCTU may have been excluded from meaningful participation in the consultative process among the most representative organizations of workers in the Labour Advisory Board (LAB), as a result of the electoral system in place in the Special Administrative Region. In this context, the Committee recalls the previous observations of the HKCTU, which expressed concern in relation to the electoral system for representation on the LAB, the designated tripartite body for tripartite consultations for purposes of the Convention. In its observations, the HKCTU indicated that the composition of the LAB includes six workers’ representatives, five of whom are elected by registered trade unions, with a sixth representative appointed ad personam by the Government. It noted that, according to the current system, union votes are given equal weight regardless of size of membership, according to the principle of “one union, one vote”. Moreover, the electoral system allows voters to vote for a slate of five candidates, as a block, in one ballot. As a result, if the slate of five candidates receives more than half of the votes, the slate would win all five seats. In its observations, the HKCTU maintained that this electoral system was unjust and had effectively prevented it from being elected to the LAB, despite its status as the second largest trade union confederation. The Committee notes the Government’s indication that its position in respect of the application of the Convention remains unchanged. The Committee notes that, in its report, the Government once again reiterates its commitment to ensuring effective tripartite consultations through the LAB, as well as reiterating information previously provided concerning its electoral system. The Government reiterates that, in the Hong Kong Special Administrative Region (HKSAR), every workers’ union is free either to affiliate to one or more trade union groups or to remain unaffiliated. The Government notes that more than half of the registered workers’ unions are not affiliated to any major trade union group and that, since all workers’ unions may exercise their free choice in the election, no trade union group can dictate the election results. It adds that all registered workers’ unions are entitled to exercise their free choice in the election and that there is no question of any particular workers’ union being excluded from the election. The Government reiterates its commitment to continuing to ensure that every registered trade union, including those affiliated to the HKCTU, enjoys the same right as other registered trade unions to nominate candidates and to vote in the election of workers’ representatives of the LAB. Nevertheless, the Government reiterates that it would be improper and inappropriate if the system of electing workers’ representatives to the LAB were to be changed for the advantage of a particular organization. In this context, the Committee notes that the latest election of workers’ representatives in the LAB was held in November 2018. The Government indicates that 12 nominations were received, which included four incumbent workers’ representatives and that, after the trade unions cast their votes by secret ballot, three incumbent workers’ representatives and two other candidates were elected. The HKCTU was not elected to the LAB. The Committee recalls that the term “most representative organizations of employers and workers”, as provided for in Article 1 of the Convention, “does not mean only the largest organization of employers and the largest organization of workers”. In its 2000 General Survey on tripartite consultation, paragraph 34, the Committee refers to Advisory Opinion No. 1 of the Permanent Court of International Justice, dated 31 July 1922, in which the Court established that the use of the plural of the term “organizations” in Article 389 of the Treaty of Versailles referred to both organizations of employers and those of workers. Based on this opinion, the General Survey clarified that the term “most representative organizations of employers and workers” does not mean only the largest such organization. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. In such cases, governments should endeavour to secure an agreement of all the organizations concerned in establishing the tripartite procedures (2000 General Survey on tripartite consultation, paragraph 34). The Committee therefore once again urges the Government to make every effort, together with the social partners, to ensure that tripartism and social dialogue are promoted and strengthened so as to facilitate the operation of procedures that ensure effective tripartite consultations that include the most representative organizations of employers and workers, as required under Articles 1 and 2 of the Convention, including by encouraging the Labour Advisory Board to amend its current electoral system. The Committee also once again requests the Government to report on progress made in ensuring the HKCTU’s meaningful participation in the consultative process among the most representative organizations of workers.

Article 5(1). Effective tripartite consultations. The Government indicates that, during the reporting period, the LAB’s Committee on the Implementation of International Labour Standards (CIILS) was consulted on all reports to be submitted under article 22 of the ILO Constitution. The procedures for preparing these reports and copies of the reports were communicated to all members of the LAB. In 2018, members of the CIILS met with officials from the Transport and Housing Bureau and the Marine Department of the HKSAR Government and were informed of progress with regard to the application of the Maritime Labour Convention, 2006 (MLC, 2006), in the HKSAR. The Committee notes the report of the LAB for 2017–18, communicated together with the Government’s report. The Committee requests the Government to continue to provide detailed and up-to-date information on the content and outcome of the consultations held on all of the matters relative to international labour standards as required under Article 5(1)(a)–(e) of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with the guidance provided in Article 4 of the Convention as well as Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

Articles 2(1) and 3(1) of the Convention. Effective tripartite consultations. Election of representatives of the social partners. The Committee has been requesting for some years that the Government and the social partners promote and strengthen tripartism and social dialogue in order to facilitate the operation of the procedures governing effective tripartite consultations, including ensuring the meaningful participation of the Hong Kong Confederation of Trade Unions (HKCTU) in the consultation process. In its previous comments, the Committee expressed its concern that there is a risk that the HKCTU may have been excluded from meaningful participation in the consultative process among the most representative organizations of workers in the Labour Advisory Board (LAB), as a result of the electoral system in place in the country. In this context, the Committee recalls the previous observations of the HKCTU, which expressed concern in relation to the electoral system for representation on the LAB, the designated tripartite body for tripartite consultations for purposes of the Convention. In its observations, the HKCTU indicated that the composition of the LAB includes six workers’ representatives, five of whom are elected by registered trade unions, with a sixth representative appointed ad personam by the Government. It noted that, according to the current system, union votes are given equal weight regardless of size of membership, according to the principle of “one union, one vote”. Moreover, the electoral system allows voters to vote for a slate of five candidates, as a block, in one ballot. As a result, if the slate of five candidates receives more than half of the votes, the slate would win all five seats. In its observations, the HKCTU maintained that this electoral system was unjust and had effectively prevented it from being elected to the LAB, despite its status as the second largest trade union confederation. The Committee notes that, in its report, the Government reiterates its commitment to ensuring effective tripartite consultations through the operation of the LAB, as well as reiterating information previously provided concerning its electoral system. The Government reiterates that, in the Hong Kong Special Administrative Region (HKSAR), every workers’ union is free either to affiliate to one or more trade union groups or to remain unaffiliated. All registered workers’ unions are entitled to exercise their free choice in the election. The Government reiterates its commitment to continuing to ensure that every registered trade union, including those affiliated to the HKCTU, enjoys the same right as other registered trade unions to nominate candidates and to vote in the election of workers’ representatives of the LAB. Nevertheless, the Government considers that it would be improper and inappropriate if the system of electing workers’ representatives to the LAB were to be changed for the advantage of a particular organization. In this context, the Committee notes that the latest election of workers’ representatives in the LAB was held in November 2018. The Government indicates that 12 nominations were received, which included four incumbent workers’ representatives and that, after the trade unions cast their votes by secret ballot, three incumbent workers’ representatives and two other candidates were elected. The HKCTU was not elected to the LAB. The Committee recalls that the term “most representative organizations of employers and workers”, as provided for in Article 1 of the Convention, “does not mean only the largest organization of employers and the largest organization of workers”. In its 2000 General Survey on tripartite consultations, paragraph 34, the Committee refers to Advisory Opinion No. 1 of the Permanent Court of International Justice, dated 31 July 1922, in which the Court established that the use of the plural of the term “organizations” in Article 389 of the Treaty of Versailles referred to both organizations of employers and those of workers. Based on this opinion, the General Survey clarified that the term “most representative organizations of employers and workers” does not mean only the largest such organization. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. In such cases, governments should endeavour to secure an agreement of all the organizations concerned in establishing the tripartite procedures (2000 General Survey on tripartite consultations, paragraph 34). The Committee therefore once again urges the Government to make every effort, together with the social partners, to ensure that tripartism and social dialogue are promoted and strengthened so as to facilitate the operation of procedures that ensure effective tripartite consultations that include the most representative organizations of employers and workers, as required under Articles 1 and 2 of the Convention, including by encouraging the Labour Advisory Board to amend its current electoral system. The Committee also once again requests the Government to report on progress made in ensuring the HKCTU’s meaningful participation in the consultative process among the most representative organization of workers.

Article 5(1). Effective tripartite consultations. The Government indicates that, during the reporting period, the LAB’s Committee on the Implementation of International Labour Standards (CIILS) was consulted on all reports to be submitted under article 22 of the ILO Constitution. The procedures for preparing these reports and copies of the reports were communicated to all members of the LAB. In 2018, members of the CIILS met with officials from the Transport and Housing Bureau and the Marine Department of the HKSAR Government and were informed of progress with regard to the application of the Maritime Labour Convention, 2006 (MLC, 2006), in the HKSAR. The Committee notes the report of the LAB for 2017–18, communicated together with the Government’s report. The Committee requests the Government to continue to provide detailed and up-to-date information on the content and outcome of the consultations held on all of the matters relative to international labour standards as required under Article 5(1)(a)–(e) of the Convention.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2(1) and 3(1) of the Convention. Effective tripartite consultations. Election of representatives of the social partners. The Committee has been requesting for some years that the Government and the social partners promote and strengthen tripartism and social dialogue in order to facilitate the operation of the procedures ensuring effective tripartite consultations, including ensuring the meaningful participation of the Hong Kong Confederation of Trade Unions (HKCTU) in the consultation process. In its previous comments, the Committee noted the observations of the HKCTU, which once again expressed its concern regarding ineffective consultation in relation to the current electoral system for representation on the Labour Advisory Board (LAB), the designated tripartite body for tripartite consultations for purposes of the Convention. The HKCTU noted that the LAB has six workers’ representatives, five of whom are elected by registered trade unions, with a sixth representative appointed ad personam by the Government. It pointed out that union votes are counted with equal weight regardless of size of membership according to the principle of “one union, one vote”. The electoral system allows voters to vote for a slate of five candidates in one ballot, hence the securing of more than half of the votes would allow a slate of five candidates to win all five seats. In its observations, the HKCTU maintained that this electoral system is unjust and has prevented it from being elected to the LAB, despite its status as the second largest trade union confederation. The Committee requested the Government to provide information on all measures taken or envisaged to ensure the HKCTU’s meaningful participation as part of the consultative process within the most representative organization of workers, and requested the Government to report on the results thereof.

In its response, the Government indicates that it fully recognizes the importance of tripartite consultations and social dialogue with the participation of organizations of employers and workers. With reference to the Committee’s previous comments, the Government adds that it fully understands that the term “most representative organizations of employers and workers”, within the meaning of Article 1 of the Convention, does not mean only the largest organization of employers and the largest organization of workers, and that representative organizations, as referred to in the Convention, are the most representative organizations of employers and workers that enjoy the right of freedom of association and are free to choose their representatives in the tripartite consultations.

Moreover, the Committee notes the Government’s indication that all registered trade unions, regardless of their affiliations with any trade union group, are invited to participate in the election of workers’ representatives to the LAB by nominating candidates to stand for election and freely electing representatives to the LAB by secret ballot. More specifically, each registered trade union is free to vote for one or more candidates, up to the maximum number of workers’ representatives eligible for election to the LAB, enabling the expression of preferences for the choices of workers’ representatives to the fullest extent. The Government adds that more than half of the registered trade unions in the Hong Kong Special Administrative Region (HKSAR) are not affiliated to any major trade union group, and none of the trade union groups has any dominating number of affiliates. As all registered trade unions are eligible to exercise their free choice in these elections, the Government considers that there is no question of any particular trade union group being excluded from the election. The Government adds that there is no evidence suggesting any unfairness in the current election method, noting that the method of returning workers’ representatives to the LAB through an election by all registered trade unions is well established in the HKSAR. The method is transparent, well tested and widely accepted by the labour sector as best representing the views of workers and most suitable to local conditions. The Government undertakes to continue to ensure that each and every registered trade union, including those affiliated to the HKCTU, enjoys the same right to nominate candidates and to vote in the election of workers’ representatives of the LAB. Nevertheless, the Government considers that it would be improper and inappropriate if the system of electing workers’ representatives to the LAB were to be changed for the advantage of a particular organization.

The Government indicates that it will continue to observe tripartite consultations set out in the Convention and take into account the views of employers and workers in formulating labour policies. During the tripartite consultative process, representatives of employers and workers participate equally in various committees under the auspices of the LAB, including members from different trade union groups, including the HKCTU. All trade unions and trade union groups, including the HKCTU and its affiliated trade unions, are also free to communicate their views to the HKSAR Government. The Government further indicates that the principle of tripartite consultations is also applied in addressing other labour matters, such as the Minimum Wage Commission (MWC). The Committee recalls its previous comments, in which it expressed concern that, under the process of voting for a slate of labour organization candidates, as described by the HKCTU, there is a risk that the second largest trade union confederation in the country may have been excluded from meaningful participation within the most representative organization of workers. The Committee therefore urges the Government to make every effort, together with the social partners, to ensure the promotion of tripartism and social dialogue in order to facilitate the procedures ensuring effective tripartite consultations. The Committee also once again requests the Government to communicate information on all measures taken or envisaged to ensure the HKCTU’s meaningful participation in the consultative process within the most representative organization of workers.

Article 5(1). Effective tripartite consultations. The Government indicates that, during the reporting period, the LAB’s Committee on the Implementation of International Labour Standards (CIILS) was consulted on all reports to be submitted under article 22 of the ILO Constitution. The procedures for preparing these reports and copies of the reports were communicated to all LAB members. Members of the CIILS were also informed of the progress of the legislative amendment exercise for the application of the Maritime Labour Convention, 2006 (MLC, 2006), in the Hong Kong Special Administrative Region, and members shared their views freely in the meeting. The Committee notes the report of the LAB for 2015–16, communicated with the Government’s report. The Committee requests the Government to continue to provide up-to-date information on the content and outcome of the consultations held on all matters concerning international labour standards covered by the Convention (Article 5(1)(a)–(e)).

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

The Committee notes the observations made by the Hong Kong Confederation of Trade Unions (HKCTU), received on 1 September 2016, in which the HKCTU expresses its continued concerns regarding ineffective consultation in relation to the current electoral system for representation on the Labour Advisory Board (LAB), the designated body for tripartite consultations within the meaning of the Convention. The HKCTU maintains that, despite being the second largest trade union confederation in the country, it continues to be excluded from the LAB as a result of the electoral system in place, and in contravention of the provisions of the Convention.

Articles 2(1) and 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that the LAB’s 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 this Committee. The Government further indicates that the report covering the activities of the LAB for 2015–16 will be available by mid-2017. The Committee requests the Government to continue to provide up-to-date information on the nature and content of the consultations held on the matters concerning international labour standards covered by the Convention.

Article 3(1). Election of representatives of the social partners to the Labour Advisory Board. The Government reaffirms its commitment to ensuring effective tripartite consultations on labour matters, as well as its understanding that the most representative organizations of employers and workers as defined in the Convention should be free to choose their representatives for purposes of tripartite consultations. The Government indicates that the method of electing employee representatives involves all registered employee unions with the right of freedom of association, including those affiliated to the HKCTU, and that all enjoy the same right to nominate candidates to the LAB and to vote through secret ballot. The Government therefore considers that the current electoral method strictly follows the principle of free choice by trade unions, is transparent and widely accepted in the labour sector, and is most suited to local conditions. The Government explains that representatives of employers and employees participate equally in various committees under the auspices of the LAB, and that members from different trade union groups, including the HKCTU, have been appointed to participate in some of these committees to give advice on labour matters.

In contrast, the HKCTU considers the electoral system to be unjust. It notes that the LAB has six employee representatives, five of whom were elected by registered trade unions, with a sixth appointed ad personam by the Government. Union votes are counted with equal weight regardless of size of membership according to the principle of “one union, one vote”. Moreover, voters are allowed to vote for a slate of five candidates in one ballot, hence the securing of more than half of the votes would allow a slate of five candidates to win all five seats. The HKCTU maintains that this electoral system is unjust and has prevented it from being elected to the LAB, despite its status as the second largest trade union confederation, representing over 195,000 workers from 95 affiliates. In 2014, the HKCTU informed the Chief Executive of the Hong Kong Special Administrative Region Government of the system’s shortcomings, challenging the composition of the LAB. Subsequently, in 2015, the HKCTU pointed out the system’s drawbacks to the Commissioner of Labour and recommended replacing the electoral system with one which would take into account the membership of trade unions and allow for proportional representation. The current electoral system, however, remains in place.

The Committee recalls that the term “most representative organizations of employers and workers”, as provided for in Article 1 of the Convention, “does not mean only the largest organization of employers and the largest organization of workers”. In its 2000 General Survey on tripartite consultations, paragraph 34, the Committee refers to Advisory Opinion No. 1 of the Permanent Court of International Justice, dated 31 July 1922, in which the Court established that the use of the plural of the term “organizations” in Article 389 of the Treaty of Versaillles referred to both organizations of employers and workers. Based on this opinion, the General Survey clarified that the term “most representative organizations of employers and workers” does not mean only the largest such organization. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. The Government should endeavour to secure an agreement of all the organizations concerned in establishing the tripartite procedures (2000 General Survey on tripartite consultations, paragraph 34). The Committee is concerned that, under the process of voting for a slate of labour organization candidates described by the HKCTU, there is a risk that the second largest trade union confederation in the country may have been excluded from meaningful participation within the most representative organization of workers. Recalling its previous observations in this regard, the Committee calls upon the Government to make every effort, together with the social partners, to ensure that tripartism and social dialogue are promoted and strengthened so as to facilitate the operation of the procedures which ensure effective tripartite consultations (Articles 2(1) and 5(1) of the Convention). It requests the Government to provide information on all measures taken or envisaged to ensure the HKCTU’s meaningful participation as part of the consultative process within the most representative organization of workers. The Committee requests the Government to report on the results thereof.

[The Government is asked to reply in full to the present comments in 2017.]

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

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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. The Committee takes note of the report received pursuant to its 2013 observation. The Government indicates that the Committee on the implementation of International Labour Standards (CIILS) set up under the Labour Advisory Board (LAB) was consulted on all reports submitted under article 22 of the ILO Constitution and on all replies to the comments made by the Committee. Furthermore, a tripartite team including representatives of the CIILS and the LAB was set up to attend the 102nd and 103rd Sessions of the Conference. The LAB’s report covering the period 2013–14 will be available by mid-2015. 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. In reply to the 2013 observation, the Government indicates in its reports received in August and December 2014 that affiliates to the Hong Kong Confederation of Trade Unions (HKCTU) have the same right as other registered trade unions to take part in the elections. There is thus no question of any particular trade union group being excluded from the elections. In the Hong Kong Special Administrative Region (HKSAR), every worker’s union is free either to affiliate to one or more trade union groups or to remain unaffiliated. All registered workers’ unions are eligible for exercising their free choice in the election; moreover, because none of the trade union groups has a dominating number of affiliates, no one group can dictate the results of returning LAB workers’ representatives. The current method for the return of LAB’s representatives is the most suitable to the local conditions of the HKSAR. The Government adds that the manner in which workers’ representatives are chosen was established in 1950 following prior consultation with the unions. The Government considers that it is a well-tested method, based on objective, pre-established and transparent criteria, which has been widely accepted by the labour sector. The election method involving all workers’ unions ensures that workers’ representatives are freely chosen by the unions and that workers’ views are best represented. The Committee notes the observations made by the HKCTU in August 2014 indicating that as it has no representatives sitting on the LAB, the Government seldom provides reports and comments which are to be submitted to the Committee. For instance, as regards the current reporting cycle, the HKCTU indicates that on 18 August 2014 a copy of the Government’s report on Migration for Employment Convention (Revised), 1949 (No. 97), the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Labour Relations (Public Service) Convention, 1978 (No. 151), was requested. Until 31 August 2014, none of the reports had been sent to the HKCTU. The HKCTU also reiterates that the methods for electing the LAB’s workers’ representatives entails the domination of the elections by the biggest workers’ organization and implies its exclusion from tripartite negotiations. The HKCTU considers that if the principle utilized for the nomination of employers’ representatives was to be applied the workers’ representatives should also be nominated by the most representative organizations. The Committee recalls its 2013 observation and requests the Government and the social partners 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 ensuring the HKCTU’s participation in the consultative process.

[The Government is asked to reply in detail to the present comments in 2015.]

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

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.]

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

Article 3 of the Convention. Choice of workers’ representatives. The Committee notes the Government’s report dated July 2011 including information in response to its 2009 observation. The Government indicates that the Labour Advisory Body (LAB) aims to ensure effective tripartite consultation according to the most appropriate methods for the local circumstances of the Hong Kong Special Administrative Region (HKSAR). The Government also recalls the notification of application with modification registered by the ILO on July 1997, regarding the application of Article 3 of the Convention, which states: employers and workers are represented by six members on each side on the LAB. Five of the employers’ representatives are freely nominated by their respective associations and five workers’ representatives are elected on a biannual basis by workers’ trade unions in a secret ballot. The remaining members are direct appointees of the Chief Executive. The Government further indicates in its report that all registered employees’ unions are allowed to participate in LAB and free to elect their representatives in accordance with transparent and well-tested methods that are deemed the most widely representative of the various workers’ views.

Article 5. Tripartite consultations required by the Convention. In reply to the Committee’s previous comments, the Government indicates that the Committee on the Implementation of International Labour Standards (CIILS) was consulted on the subjects listed in Article 5 and has duly replied to the comments made by the Committee of Experts. The Committee also notes that a tripartite team including representatives of the CIILS and the LAB was set up to attend the 98th and 99th Sessions of the Conference. The Committee requests the Government to provide up-to-date information on the activities of both the CIILS and the LAB on the matters concerning international labour standards as well as examples on the manner in which Article 5 is being implemented.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s reply to its 2008 observation received in September 2009 and the observations made by the Hong Kong Confederation of Trade Unions (HKCTU) on the Government’s report.

Article 3 of the Convention. Free choice of workers’ representatives. The Government indicates that it has taken into account the views expressed by the HKCTU in 2005 and that the current method of elections for returning representatives to the Labour Advisory Board (LAB) was most suitable to local circumstances and in compliance with the requirements of the Convention as applied to the Special Administrative Region of Hong Kong. It further provides indications on the activities of the Committee on the Implementation of International Labour Standards (CIILS) under the auspices of the LAB. In its observations, the HKCTU states that a review of the LAB election method had been conducted in 2006 only and that the HKCTU had not been consulted. It also contests that the distribution of voting weights in the LAB was in accordance with the Convention since a union with seven members would have the same influence as a union with 80,000 members. This constituted a systemic distortion of representativeness. Furthermore, the bloc voting method of the LAB would make it possible for the largest single group of trade unions to win every seat and in the previous LAB elections, the five worker representatives always came from the same five unions. The Committee refers to the 2000 General Survey on tripartite consultation in which it indicated that governments should endeavour to secure an agreement of all the organizations concerned in establishing the consultative procedures provided for by the Convention (paragraph 34). It further recalls that the Government and the social partners should establish procedures which ensure effective consultations in a manner that is satisfactory to all parties concerned. The Committee asks the Government to keep providing detailed information on the measures taken in order to ensure effective tripartite consultations within the meaning of the Convention, including on the manner in which the representatives of employers and workers for the purposes of the Convention are chosen (Article 3). It further requests the Government to continue to report on the consultations held by the CIILS on each of the subjects listed in Article 5 during the period covered by the next report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Free choice of workers’ representatives. In its 2005 observation, the Committee noted the views of the Hong Kong Confederation of Trade Unions (HKCTU) on the method of appointing workers’ representatives to the Labour Advisory Board (LAB), according to which one workers’ representative is appointed by the Government ad personam, while the other five are elected by trade unions regardless of their “most representative” character. The Committee further noted that the Government was ready to consider the views of the HKCTU and review the method for electing workers’ members. In the report received in November 2007, the Government indicates that pursuant to a review conducted in 2006, it considers that the current method of returning representatives to the LAB is most suitable to local circumstances and in compliance with the requirement of the Convention as applied to the Special Administrative Region of Hong Kong. The Committee recalls that in May 1998 the Office registered a new government notification in relation to Article 3 of the Convention indicating that employers and workers are represented by six members on each side on the Labour Advisory Board. Five of the employers’ representatives are freely nominated by their respective associations and five workers’ representatives are elected biennially by workers’ trade unions in a secret ballot. The remaining members are direct appointees of the Chief Executive. In the report received in November 2007, the Government also indicates that members of the LAB were consulted in respect of reviewing the methods for returning LAB representatives and concurred that the current election method should be maintained for the new LAB term beginning in 2007. The Committee therefore hopes that in its next report the Government will continue to provide information on the activities of the Committee on the Implementation of International Labour Standards (CIILS) under the auspices of the LAB on all matters relating to international labour standards covered by the Convention. It further requests the Government to indicate whether the HKCTU was included in the consultations and in reviewing the election method.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report for the period ending in May 2005. It also notes the comments formulated by the Hong Kong Confederation of Trade Unions (HKCTU) in November 2004 and the Government’s reply to the said comments, which were appended to the Government’s report.

2. Tripartite consultations required by the Convention. With reference to the Committee’s previous request, the Government indicates that the latest report of the Labour Advisory Board (LAB), which will be published at the end of 2005, covers the responsibilities of the Committee on the Implementation of International Labour Standards (CIILS). During the period ending in May 2005, the CIILS met to advise on the possibility of applying new Conventions to the Hong Kong Special Administrative Region, as well as on the application of the Conventions that are already applicable to it. The Committee would appreciate receiving information in the next report about the consultations held on all the matters covered by the Convention.

3. Free choice of workers’ representatives. In its communication, the Hong Kong Confederation of Trade Unions (HKCTU) expressed the view that the current method of appointing workers’ representatives to the LAB was in violation of Article 3, paragraph 1, of the Convention. The HKCTU explains that, under the current system, one workers’ representative is appointed by the Government ad personam, while the other five are elected by trade unions regardless of their "most representative" character. The HKCTU considers that this election system is unfair to trade unions with a large membership base and may result in a LAB composition and in a decision-taking process which may be unfair to the most representative trade unions. In this regard, the Committee recalls that Article 3 of the Convention provides that "the representatives of employers and workers for the purposes of the procedures provided for in this Convention shall be freely chosen by their representative organizations". The Committee reminds that the principle of free choice is respected if the organizations themselves appoint their representatives directly (paragraph 44 of the 2000 General Survey on tripartite consultation). It further recalls that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse. The Committee takes note that, on this question, the Government is ready to consider the views of the HKCTU and review the method for electing workers’ members before the next LAB term begins in 2007. It therefore hopes that the Government and the social partners concerned will examine how the representatives of workers for the procedures provided for in the Convention are chosen (Articles 1 and 3) and that the Government’s next report will contain indications on the measures taken in order to implement effective tripartite consultation in the sense of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report received in September 2003. It notes that the last report on the work of the Labour Advisory Board (LAB) covering the 2001-02 period will be ready by the end of 2003. The Committee would be grateful if the Government would elicit in its next report, a summary of the latest report of the LAB on the issues listed in Article 5 of the Convention. Please continue providing information about consultations held on the matters covered by the Convention.