Interim Report - Report No 409, March 2025

Case No 3406 (China - Hong Kong Special Administrative Region) - Complaint date: 17-MAR-21 - Active

Allegations: The complainants allege intimidation and harassment of workers in the context of public protests in 2019, a crackdown on civil liberties with the adoption of the National Security Law in 2020, the prohibition of public gatherings under the Prevention and Control of Disease (Prohibition on Group Gatherings) Regulation, adopted as part of the anti-COVID-19 measures in 2020 and prosecution of trade union leaders for their participation in demonstrations

1. 109. The Committee last examined this case (submitted in March 2021) at its March 2024 meeting, when it presented an interim report to the Governing Body [see 405th Report, approved by the Governing Body at its 350th Session, paras 228–275]. 
2. 110. The International Trade Union Confederation (ITUC) sent additional observations and new allegations in a communication dated 22 November 2024.
3. 111. The Government of China transmitted the observations of the Government of the Hong Kong Special Administrative Region (HKSAR) in a communication dated 14 January 2025.
4. 112. China has declared the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), applicable in the territory of the HKSAR with modifications. It has declared the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), applicable without modifications.

A. Previous examination of the case

1. 113. At its March 2024 meeting, the Committee made the following recommendations [see 405th Report, para. 275]:
   • (a) The Committee firmly urges the HKSAR Government to take all appropriate measures to ensure that Mr Lee Cheuk Yan is not prosecuted and not imprisoned for having exercised legitimate trade union activities and requests the Government to provide information on all measures taken to that end. The Committee urgently requests the HKSAR Government to provide precise information regarding the activities that have entailed Mr Lee’s indictment for “incitement to subversion”, as well as concerning the developments of the proceedings against him, including the Court’s judgment once rendered. It further urges the HKSAR Government to take all possible measures to enable Mr Lee’s release pending his next trial and to facilitate a speedy decision of his case.
   • (b) The Committee urges the HKSAR Government to provide full and detailed information on the outcome of the trial of Ms Carol Ng and Ms Winnie Yu and to transmit a copy of the judgment, which it trusts will be rendered expeditiously.
   • (c) The Committee requests the HKSAR Government to ensure that no charges are brought against Ms Elizabeth Tang for legitimate trade union activities and to provide detailed information on any judicial measures taken or decisions adopted concerning her.
   • (d) The Committee once again urges the HKSAR Government, in consultation with the social partners, to monitor and provide information on the impact that the National Security Law has already had and may continue to have on the exercise of freedom of association rights so that the Committee has available to it all necessary information to examine the impact of this legislation in practice.
   • (e) The Committee expects that the Hong Kong Registry of Trade Unions (RTU) will evaluate the lawfulness of union activities taking into account the organizations’ right to demand the basic freedoms to exercise their activities in line with relevant national legislation in force, the principles of freedom of association and its obligations under international law. The Committee requests the HKSAR Government to provide information on the follow-up actions taken with respect to the Hong Kong Journalists’ Association, and to communicate a copy of the decision concerning the cancellation of registration of the Hong Kong White Collar (Administration and Clerical) Connect Union. The Committee further requests the HKSAR Government to indicate whether the RTU has taken any measures concerning the nine organizations that have allegedly received “warning letters”.

B. The complainants’ additional allegations

1. 114. In its communication dated 22 November 2024, the ITUC expresses its deep concern over the fact that since 2021, three Hong Kong trade unionists – Mr Lee Cheuk Yan, Ms Carol Ng and Ms Winnie Yu – remained in prison under national security charges for their trade union activities and standing up for democracy. According to the ITUC, the authorities have not evinced any intention to review and reverse the severe impact of the National Security Law (NSL) on the exercise of the right to freedom of association and civil liberties. The ITUC alleges that the climate for the exercise of freedom of association continues to decline rapidly as the authorities persist in the abusive use of national security offences to smear, target, restrict and prosecute trade unionists and human rights defenders. The promulgation of the HKSAR Safeguarding National Security Ordinance (NSO) in March 2024 expands the national security legislative framework to penalize legitimate international trade union activities and solidarity, and smacks a further blow to the human rights guarantees and safeguards in the HKSAR.
2. 115. In particular, the ITUC informs that after completing his jail sentences related to the 2019 public protests in October 2022, Mr Lee Cheuk Yan, the General Secretary of the defunct Hong Kong Confederation of Trade Unions (HKCTU) remains in preventive detention on charges of inciting subversion of state power under the NSL. After two case management hearings on 18 February and 24 April 2024, the Court dismissed the prospect of commencing further hearing of the case in 2024.
3. 116. With regard to Ms Carol Ng and Ms Winnie Yu, the ITUC recalls that on 28 February 2021, they were charged and detained for conspiracy to subvert state power in relation to their participation in primary elections. In November 2022, as the trial commenced, Ms Carol Ng pleaded guilty. The trial of Ms Winnie Yu, who pleaded not guilty, was completed in December 2023. On 30 May 2024, she was found guilty. In total, 45 out of the 47 pro-democracy activists on trial, including Ms Carol Ng and Ms Winnie Yu, were convicted of breaching article 22(3) of the NSL and sections 159A and 159C of the Crimes Ordinance, (Cap. 200). The Court found Ms Winnie Yu guilty on the ground of a joint public statement committing the activists to use vetoes in the legislative body to push for democratic reforms, including universal suffrage in the HKSAR, after winning a legislative majority. The ITUC recalls that Ms Winnie Yu participated in the constituency election of the health services sector as a result of the failure of a sectoral strike staged by the Hospital Authority Employees’ Alliance (HAEA) demanding a dialogue with the hospital authority and the chief executive on protection of healthcare workers and preventive controls over the spread of the COVID-19 pandemic in January 2020. On 19 November 2024, Ms Carol Ng and Ms Winnie Yu were sentenced to prison terms of four years and five months, and six years and nine months, respectively.
4. 117. The ITUC indicates that Ms Elizabeth Tang, who was under travel restrictions since March 2022 on suspicion of colluding with foreign forces, had her passport returned to her. It recalls that on 21 December 2023, her sister, Ms Marilyn Tang was convicted and sentenced to six months of imprisonment for removing evidence from Ms Elizabeth Tang’s home.
5. 118. The ITUC further alleges that following an arrest warrant issued on the basis of charges of secession, in July 2023, the HKSAR Secretary for Security cancelled the passport of Mr Christopher Mung Sui Tat, ex-HKCTU chief executive currently in exile in the United Kingdom of Great Britain and Northern Ireland. The ITUC recalls that in July 2023, the HKSAR police offered a reward for information leading to his arrest after he addressed a conference of an ITUC affiliate in France. The ITUC further alleges that on 12 June 2024, Mr Christopher Mung and six other self-exiled human rights defenders and trade unionists were named by the Secretary for Security as absconders under article 89 of the NSO.
6. 119. The ITUC adds that on 19 March 2024, the HKSAR authorities promulgated the NSO under article 23 of the HKSAR Basic Law. This legislation introduced four categories of offences related to treason, insurrection and incitement, sedition and external interference endangering national security. Twenty-five domestic laws and rules have also been amended, including the Societies Ordinance and the Trade Union Ordinance (TUO). The ITUC indicates that the UN Special Rapporteurs have expressed concerns regarding the overly broad scope and vaguely formulated offences under the NSO which risked to further deteriorate the environment for exercising civil liberties and freedom of association in the HKSAR. The ITUC points out that the penalties are disproportionate and have extraterritorial application, placing trade unions in forced exile under heightened risks for their activities in exile.
7. 120. The ITUC raises, in particular, the following issues with respect to the NSO. With regard to offences of “endangering national security” and “colluding with external forces”, the ITUC considers that the following definition of the term “national security” under article 4 is too broad: “National security means the status in which the state’s political regime, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major interests of the state are relatively free from danger and internal or external threats, and the capability to maintain a sustained status of security”. According to the ITUC, such definition lacks clarity on what constitutes an act of endangering national security (article 7); furthermore, this offence became a catch-all offence subject to arbitrary application by the authorities. The ITUC further indicates that “colluding with external forces” is a punishable act incurring heavier penal sanctions under each stipulated NSO offence and is a broad charge used frequently by the authorities against trade unions. The notion of “external forces” under article 6 covers all international organizations and institutions, and therefore, according to the ITUC, could be applied to engagements with international trade unions and trade union solidarity activities and funding, protected under Convention No. 87.
8. 121. Regarding the offence of “incitement to disaffection”, the ITUC alleges that it includes incitement “to abandon upholding the Basic Law and abandon the allegiance to the HKSAR” which could be applied to frame a labour strike by public officers, including joining an international solidarity strike or protest, as a national security crime (article 19). The offence, which also includes possession of documents to that effect are punishable by seven and three years of imprisonment, respectively, and to ten years of imprisonment, if external forces are involved (articles 19 and 22). According to the ITUC, the scope of definition of “public officers” is open-ended and very broad so as to include temporary government employees, the staff of statutory bodies, and categories of employees specified by the chief executive as necessary for safeguarding national security (article 20). The ITUC also alleges that under article 155 and the amended section 48(4) of the TUO, peaceful furtherance of a trade dispute is no longer exempted from criminal liability if it is considered that it is endangering national security.
9. 122. The ITUC further alleges that the offence of acts with “seditious intention” (article 23) refers to the intent to bring into hatred, contempt, disaffection, enmity and the intention to incite an act that does not comply with the law or an order of the HKSAR which could be used to incriminate trade union activities opposing a government policy, practice or a judicial ruling. The offence punishes expressions of all forms (article 24) without the need to prove the intention (article 25). Moreover, the legal safeguards previously provided under the Crimes Ordinance to prevent retroactive prosecution, conviction based on uncorroborated evidence and unwarranted search by police have been repealed. The penalties have been raised from two years of imprisonment (and three years for subsequent conviction) to seven years of imprisonment, and to ten years of imprisonment if external forces are involved (article 24).
10. 123. The ITUC indicates that offences in connection with state secrets and espionage severely restrict the right of trade unions, activists, public servants and media workers to freely access, procure, share and release information, conduct research and collaborate with their international counterparts. The legislative provision (article 29) on unlawful disclosure of state secrets broadly categorizes information which is crucial to trade union policy advocacies, campaigns and their role as whistle-blowers and representatives of their members in complaints as state secrets. Moreover, the authorities could punish unlawful disclosure of any information that appears confidential (article 37). The espionage offence under article 43(2)(c) further threatens legitimate trade union activities, such as collaboration and filing of submissions to international bodies, by punishing procurement, possession and communication of information to a “foreign force”, as well as making international joint statements (article 43(3)).
11. 124. According to the ITUC, Part 6 of the NSO constitutes a serious roll back on the right to freedom of association as the provisions contained therein cast profound chilling effects on Hong Kong trade unionists engaging with international trade unions, diaspora labour organizations and international human rights bodies. Articles 52 and 53 define an act of bringing about an interference effect that endangers national security in extremely broad and vague terms as influencing the policies and decisions of the Chinese and Hong Kong Governments, elected bodies, individual office bearers, the court as well as prejudicing the foreign relations of China and Hong Kong. According to the ITUC, international advocacies seeking legislative and policy changes, democratic reforms, and engagement with UN human rights bodies could be interpreted as offence of interference. Normal international cooperation, projects, solidarity activities including funding could fall under the scope of collaboration under article 54. The offence carries extraterritorial effect and a penalty of 14 years of imprisonment.
12. 125. Moreover, the ITUC indicates that the Secretary for Security has the power to proscribe, ban and dissolve trade unions, including those established outside Hong Kong but which have staff or activities in the HKSAR. The powers of the Secretary for Security also include ordering information surveillance (articles 67–69), and search and forfeit of materials (articles 70–72). Anyone engaging in the continuous activities of the proscribed organization and shadow organizations faces from 7 to 14 years of imprisonment under articles 62–65.
13. 126. The ITUC further alleges that the chief executive has broad powers to certify an organization within and outside Hong Kong as an external intelligence organization (article 47(3)), strike off a company’s registration (article 127), certify a matter as concerning national security (article 115), declare a place prohibited (article 42), and specify a category of employees as public officers subjecting them to various prohibitions, including to strike (article 20). Police and any authorized enforcement officer have broad powers to conduct unwarranted arrests, house search and confiscations of materials and properties (articles 27, 70–72). The period of custody without an arrest was extended and pre-charge detention can now last up to 16 days with new restrictions on legal consultation of the detainee’s free choosing (articles 76–80). The discretionary powers of the court, such as the power to grant discharge in cases with no prima facie evidence, hand down a suspended sentence, restrict imprisonment of under-aged convicts have been taken away. Moreover, a discharged person, such as a trade unionist, may be subject to a restriction of movement order until he or she no longer poses a threat to national security (articles 83 and 84). The ITUC indicates that this severely inhibits the resumption of trade union duties. Under articles 152, 163, and 176 of the NSO, the Prison Commissioner and Sentence Review Board no longer have discretionary power to grant remission or early release based on good behaviour in prison to a person convicted of a national security offence.
14. 127. The ITUC recalls that between 2021 and 2023, a total of 218 trade unions cancelled their registration through dissolution or at their own request, compared with only 11 during the preceding three-year period. The complainant further indicates that looming threats of endangering security on trade unions are also reflected in the shrinking size of trade unions. The number of unions with membership of 50 people or less have almost tripled from 287 to 813 during the three-year period. On 17 February and 24 March 2023, the registration of the Hong Kong White Collar (Administration and Clerical) Connect Union (HKWCCU) and HAEA was cancelled following their self-disbandment.
15. 128. The ITUC further indicates that on 3 July 2024, the Social Workers Registration Ordinance was further amended to double the size of appointed members in the Social Workers Registration Board to permanently delicense a social worker convicted of a national security offence. The Hong Kong Social Workers’ General Union (HKSWGU) objected to the hasty consultation and expressed strong concerns on the chilling effect of the amendment. Seven out of the eight peer-elected members in the board, including the chair, have resigned before the passage of the amendment. Ms Jackie Chan Hung-sau, ex-member of HKSWGU’s Executive Committee who has been acquitted of charges of riots may lose her professional licence if she is convicted on appeal filed by the Department of Justice in August 2023. The union has condemned the prosecution as Ms Jackie Chan Hung-sau was discharging her professional role to maintain peace between the protesters and the police during the mass public protests in 2019.
16. 129. The ITUC further alleges that in January 2024, the Hong Kong Journalists Association (HKJA) was ordered to submit detailed account information to the Inland Revenue Department and pay tax in arrears amounting to about US$51,000 for the financial year of 2017/2018. The HKJA complied with the reporting requirements under the TUO and protested the tax department’s order. The Secretary for Security excluded the HKJA from invitation to consultations on the NSO with press organizations in January calling the union non-representative of journalists in Hong Kong. In May 2024, its chairperson Mr Ronson Chan, who has been the subject of a state-orchestrated smearing campaign since his election, decided not to run for another term. Meanwhile, members of the HKJA were receiving text messages on their phone from unknown senders calling the union’s annual meeting “infiltrated” and under state surveillance and containing threats to record and expose the identity of participants. On 21 June 2024, the eve of the annual meeting, the Secretary for Security openly attacked the professional background of the candidates running for union elections calling them non-journalists, agents of foreign organizations receiving funds and engaging in political activities. Just prior to the annual meeting, the chairperson of the newly elected executive committee and another member withdrew themselves from taking part in the election. On 17 July 2024, Ms Selina Cheng, the newly elected chairperson of the HKJA, was fired by the Wall Street Journal (hereafter, “the newspaper”). According to the HKJA, the deteriorating environment on freedom of press and expressions has prompted employers of news organizations and international agencies to threaten and censor their employees from standing in trade union elections, the Foreign Correspondents’ Club of Hong Kong and the Foreign Correspondents’ Club of China.
17. 130. According to the ITUC, since the NSL came into effect and as of 1 August 2024, 301 people had been arrested in “cases involving suspected acts or activities that endanger national security” including those arrested under the incumbent criminal law and the NSO, and 157 persons out of the 176 charged have been convicted. Under the national security legislative framework, the conviction rate of national security crimes is at 89 per cent. The majority of the charges are in relation to speeches and publications made.

C. The Government’s reply

1. 131. By its communication dated 14 January 2025, the Government of China transmits the reply of the HKSAR Government to the ITUC new allegations and provides its observations on the Committee’s previous recommendations.
2. 132. At the outset, the HKSAR Government points out that the legal proceedings in respect of some of the cases mentioned in this case are still ongoing. Given the legal principle of sub judice, no one should, and it is inappropriate for any person to, comment on or even attempt to interfere with the cases concerned. Whether the criminal charges against the individuals involved in those cases are established would be decided by the judiciary of the HKSAR upon independent and fair adjudication. Fundamental rights and freedoms are fully protected in the HKSAR in accordance with the Basic Law. The HKSAR Government considers that the Committee should fairly and objectively perform its duties, respect the independent adjudication power of the HKSAR courts, and prevent anyone from abusing the Committee’s mechanism to interfere with the ongoing legal proceedings.
3. 133. The HKSAR Government recalls that article 27 of the Basic Law stipulates that Hong Kong residents shall have freedom of association, and the right and freedom to form and join trade unions, and to strike. Article 18 of the Hong Kong Bill of Rights Ordinance also guarantees that everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of their interests. The NSL and the NSO are compatible and complementary, jointly establishing a comprehensive and effective legal system for safeguarding national security and ensuring the effective protection of national security and stability in the HKSAR, as well as providing solid institutional safeguards to promote good governance. Implementation of the relevant legislation has enabled the livelihood and economic activities of the Hong Kong community, as well as the business environment, to return to normalcy. The Government reiterates that the NSL and the NSO clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law, and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. However, these rights and freedoms are not absolute.
4. 134. The Government of the HKSAR considers that offences stipulated in the NLS and the NSO clearly define their elements, penalties, exceptions and defences. These laws prevent, suppress and punish acts and activities that endanger national security, in accordance with the principle of the rule of law. Additionally, they target an extremely small minority of people and organizations that pose a threat to national security, while protecting the lives and property of the public. Law-abiding people including trade unionists will not engage in acts and activities that endanger national security and will not unwittingly violate the law, and therefore have no reason to be worried.
5. 135. The HKSAR Government expresses its hopes that external parties will not conflate criminal activities with lawful trade union activities and misrepresent the law enforcement actions by the HKSAR law enforcement agencies as ones targeting trade unionists. A clear distinction must be drawn between legitimate trade union activities and unlawful acts committed by people who happen to be trade unionists. Under the fundamental principle of the rule of law and equality before the law, any suggestion that persons (such as trade unionists) or organizations with certain backgrounds should be immune from legal sanctions for their illegal acts and activities is tantamount to granting such persons or organizations privileges to break the law and is totally contrary to the rule of law. Furthermore, the HKSAR Government indicates that it safeguards independent judicial power and fully supports the judiciary in exercising its judicial power independently, safeguarding the due administration of justice and the rule of law. All cases are handled strictly on the basis of evidence and in accordance with the law. All defendants will receive fair trial strictly in accordance with laws applicable to the HKSAR. The time taken between the institution of prosecution and the completion of the trial of each case depends on a multitude of factors. The prosecution and defence will adhere to any direction given by the court to ensure a timely trial. Any attempt by any country, organization, or individual to interfere with the judicial proceedings in the HKSAR by means of political power, in order to procure a defendant’s evasion of the criminal justice process, is a blatant act undermining the rule of law of the HKSAR and should be condemned.
6. 136. With regard to the outcome of the trial of Ms Carol Ng and Ms Winnie Yu, the HKSAR Government indicates that following 118 days of open hearings and thorough considerations of the relevant legal principles, a massive amount of evidence and submissions from the prosecution and the defence, the Court of First Instance of the High Court had earlier delivered the reasons for verdict which comprises over 300 pages, as well as two annexes totalling over 400 pages which summarized the evidence of the prosecution and defence witnesses, detailing the court’s analysis of the law and evidence as well as the reasons rendering the verdict of conviction. Similarly, the court has also clearly listed out its reasons and considerations in sentencing in its 82-page reasons for sentence. All relevant information is open and can be downloaded from the webpage of the judiciary. According to the HKSAR Government, any reasonable and fair person, upon reviewing the court’s judgment, would be convinced of the severity of the crime and the guilt of the convicted individuals, including Ms Carol Ng and Ms Winnie Yu, supported by irrefutable evidence.
7. 137. The HKSAR Government indicates that the Social Workers Registration (Amendment) Ordinance 2024 was enacted by the Legislative Council of the HKSAR in July 2024 to improve the governance of the Social Workers Registration Board, so that it would more effectively serve the interests of the wider community and safeguard national security. Social workers shoulder social and professional responsibility towards their clients who are often vulnerable groups of the community. Social workers have the trust of these groups and stand to exert on them significant influence. Permitting persons convicted of offences endangering national security to discharge the duties of social workers would put the interest of their clients at stake, cast doubt on the integrity of the social work profession, and tarnish the professional image of social workers. It is necessary to expand the membership of the Board for broader and more balanced participation and to enable the Board to promptly deregister a social worker permanently if the social worker is convicted of an offence endangering national security. When the amendment bill was introduced, 66 written submissions were received from members of the public, social welfare organisations, individuals from the social welfare sector and organizations from other sectors on their own initiative. Sixty-five of these submissions expressed full support for the amendment bill. As regards the concern raised by a trade union over the prosecution of an ex-member of its executive committee, it should be noted that, the Basic Law provides solid protection for fundamental rights and freedoms – all defendants charged with a criminal offence have the right to undergo a fair trial. The court decides cases strictly in accordance with evidence and all applicable laws. Cases will never be handled any differently owing to the profession, political beliefs or background of the persons involved.
8. 138. Regarding the legislation relevant to trade unions, the HKSAR Government expresses its firm commitment to upholding trade unions’ rights to organize activities to promote and defend occupational interests of their members. Trade union rights in the HKSAR are strong and intact as ever after the implementation of the NSL. The marked increase of 54.1 per cent of registered trade unions and trade union federations from 928 as at December 2019 to 1,430 as at November 2024 bears testimony to the HKSAR residents’ free exercise of the rights to freedom of association and to organize.
9. 139. The Registry of Trade Unions (RTU) of the Labour Department of the HKSAR Government administers the TUO to foster sound trade union management and trade unionism. While enjoying the right to freedom of association, the operations of a trade union must comply with the NSL, the NSO, the TUO and its regulations, other relevant laws of Hong Kong, and the registered trade union rules. In line with this principle, promoters of trade unions intending to apply for registration under the TUO are required to sign a declaration confirming that all the purposes and objects of the trade unions are lawful, and that the trade unions will not perform or engage in any acts or activities that may endanger national security or otherwise be contrary to the interests of national security and/or are in contravention of the TUO, their regulations or other relevant laws of Hong Kong. If a trade union contravenes the relevant laws or its rules, the RTU will follow up accordingly. Depending on the circumstances, the RTU may give verbal advice or issue inquiry/advisory/warning letters to the trade union concerned, and/or refer the case to relevant law enforcement agencies. In case of serious non-compliance, the RTU may cancel the trade union’s registration in accordance with the law.
10. 140. In response to the allegations about individual trade unions, the HKSAR Government provides the following information:
    • The HKWCCU was blatantly used for purposes inconsistent with its objects or rules. After objective and prudent assessment, the RTU issued a “Notice of Intention to Cancel the Registration of a Trade Union” to HKWCCU on 16 December 2022. Under the TUO, any voting member of the HKWCCU was entitled to appeal to the Court of First Instance against the notice. No appeal had been lodged by the statutory 28-day deadline. The registration of the HKWCCU was cancelled on 17 February 2023. The entire process was fair, open and just, with the channel for lodging appeal guaranteed.
    • The RTU had not ever issued any warning letter to the HAEA. The HAEA passed a resolution for dissolution at its general meeting on 24 June 2022 in accordance with its union rules and initiated voluntary dissolution of its own accord. The voluntary dissolution of the HAEA was registered by the RTU on 24 March 2023. The above trade union enjoyed full autonomy in deciding and proceeding with its dissolution process without any interference from the RTU. As for the remaining eight trade unions that have received warning letters, the RTU had given advice to these trade unions to ensure their compliance with the TUO, other relevant laws of Hong Kong, and the registered trade union rules.
    • The RTU made inquiries with the HKJA in respect of its activities which were suspected to be inconsistent with its objects or rules. The RTU considered the HKJA’s replies and relevant facts in an objective and prudent manner before taking any follow-up action in accordance with the TUO. All along, the HKJA had enjoyed full autonomy in the elections of its executive committee without any interference from the RTU.
    • Under the Employment Ordinance (EO), employees enjoy trade union rights and an employer shall not prevent or deter an employee from exercising any of such rights or dismiss, penalize or discriminate against an employee by reason of their exercising any of such rights. Any employer who contravenes the relevant provisions is liable to prosecution. Ms Kar Yue Cheng approached the Labour Department on 12 November 2024 to complain against the Dow Jones Publishing Company (Asia) Inc. (hereafter, “the company”) for the alleged dismissal owing to her participation in the HKJA. Investigation into the suspected offences in respect of anti-union discrimination under the EO has been completed. The Department of Justice of the HKSAR Government is now examining the case and will decide whether there is sufficient evidence to take out prosecution against the employer concerned.
11. 141. The HKSAR Government indicates that the RTU will continue to uphold the rights to form trade unions and organize trade union activities to promote and defend occupational interests guaranteed by the national legislation and relevant International Labour Conventions. Under the TUO, the requirements for applying for registration of a trade union are objectively specified and the RTU is obliged to register all eligible applications. In the event of refusal of any application for registration of a trade union or cancellation of the registration of a trade union, the TUO requires the RTU to inform the applicant/trade union concerned of the ground for refusal or cancellation. The TUO further sets out the channels for appealing against the decisions of the RTU. On dissolution of a trade union, the trade union concerned must obtain the consent of sufficient voting members as specified in its union rules. The entire process of deciding and proceeding with dissolution is initiated by the trade union concerned and free from any interference from the RTU. The registration regime under the TUO is transparent and objective, providing full protection of trade union rights.
12. 142. The HKSAR Government reiterates that the rights and freedoms of Hong Kong residents to form and join trade unions remain unchanged after the implementation of the NSL. For reasons set out in its response, the HKSAR Government submits that the allegations against it are untrue and unsubstantiated. The isolated incidents mentioned in this case are associated with either suspected unlawful activities not related to the exercise of trade union rights, or voluntary decisions of the trade unions concerned without interference from the HKSAR Government. The HKSAR Government indicates that it will continue to attach great importance to fulfilling the obligations under Convention No. 87 as applied to the HKSAR and appeals to the Committee to consider putting an end to the examination of this case.

D. The Committee’s conclusions

1. 143. The Committee recalls that the pending issues in this case involve allegations of crackdown on civil liberties with: (1) the adoption of the NSL in 2020, of the NSO in 2024 and subsequent amendment of other pieces of legislation; (2) prosecution, sentencing and imprisonment of trade union leaders initially for their participation in demonstrations of intimidation and harassment of workers in the context of public protests in 2019, and subsequently under the NSL; and (3) de-registration of independent trade unions.
2. 144. The Committee recalls that it had previously requested the HKSAR Government, in consultation with the social partners, to monitor and provide information on the impact that the NSL has already had and may continue to have on the exercise of freedom of association rights so that the Committee has available to it all necessary information to examine the impact of this legislation in practice. The Committee notes that the HKSAR Government reiterates that the NSL is necessary for restoring the HKSAR’s stability and reiterates that one must observe the law in force in exercising his or her rights, including the freedom of association and right of peaceful assembly. The HKSAR Government affirms that any arrest and prosecution are directed against the criminal act, irrespective of whether a person is a trade union activist. The Committee regrets that the HKSAR Government provides no information on measures taken to consult the social partners concerning this critical issue or to monitor the impact of the NSL on the exercise of freedom of association rights. It therefore reiterates its previous request.
3. 145. The Committee takes note of the adoption, in March 2024, of the NSO.  In this respect, the Committee notes that the ITUC alleges the following issues, which appear to accurately reflect the provisions of the NSO : (1) “national security”, as defined under article 4, is too broad and lacks clarity as to what would then constitute an offence of “endangering national security” under article 7; (2) the act of “colluding with external force”, punishable by heavier penal sanctions, includes engagement with and participation in activities carried by international organizations and institutions (articles 5 and 6); (3) the offence of “incitement to disaffection”, punishable by seven years of imprisonment, or ten years, if done in collusion with external forces, includes the act of inciting “a public officer to abandon upholding the Basic Law and abandon the allegiance to the HKSAR” (articles 19–22) and could be applied to include a labour strike by public officers, including joining an international solidarity strike or protest, as a national security crime, and a possession of documents or articles of incitement is punishable by three years of imprisonment; (4) the offence of “an act with a seditious intention” includes acts with “an intention to incite any other person to do an act that does not comply with the law of the HKSAR or that does not obey an order issued under the law of the HKSAR” (article 23) and could be used to incriminate trade union activities opposing a policy, practice or a judicial ruling. In addition, all forms of expression are covered (article 24), there is no need to prove the seditious intention (article 25), and offences are punishable by seven years of imprisonment, or ten if done in collusion with external forces (article 24); (5) article 29 setting out interpretation of Division 1 on “offences in connection with state secrets” broadly categorizes information which can be crucial for trade union policy advocacy and activities and article 43 on “espionage” further threatens legitimate trade union activities, as the offence includes an act of colluding with an external force to publish a statement that is false or misleading, which can potentially include filing a complaint or a submission with an international organization; (6) Part 6 of the NSO entitled “external interference endangering national security and organizations engaging in activities endangering national security” constitutes a serious roll back on the right to freedom of association and has a chilling effect on Hong Kong trade unionists engaging with international trade unions, diaspora labour organizations and international human rights bodies as under articles 52 –54, setting out definitions in very broad and vague terms, international advocacies seeking legislative and policy changes, democratic reforms and engagement with the UN human rights bodies could be interpreted as an offence of interference, and normal international cooperation could fall under the scope of “collaboration with external force”, punishable by 14 years of imprisonment; (7) power of the Secretary for Security to prohibit operations of organizations (including trade unions), including those established outside but with staff or activities in Hong Kong, if that is necessary for safeguarding national security (articles 62–65), ordering information surveillance, inspection of premises and forfeiture of books, accounts, writings, banners, insignia or other movable property (articles 67–72); (8) powers of the chief executive to: specify a class of persons as public officers if that is necessary for safeguarding national security (article 20) and thus subjecting them to various prohibitions, including on the right to strike, certify an organization as an external intelligence organization (article 47(3)), declare a place prohibited (article 42), certify a matter as concerning national security (article 115), order a company (organization) engaging in undesirable activities to be struck off (article 127); and (9) broad powers of the police and any authorized enforcement officer to conduct unwarranted arrest, house search and confiscate material and properties (articles 27, 70–72), apply for extension of detention period in police custody without charge (article 76) and restriction of movement pending bail (articles 83 and 84).
4. 146. The Committee further notes the ITUC allegation that the Crimes Ordinance was amended to repeal legal safeguards to prevent retroactive prosecution, conviction based on uncorroborated evidence and unwarranted search by police and the TUO was amended so as to provide that peaceful furtherance of a trade union dispute is no longer exempted from criminal liability if it is considered that it is endangering national security.
5. 147. The Committee notes that the Government of the HKSAR considers that offences stipulated in the NLS and the NSO clearly define their elements, penalties, exceptions and defences and indicates that these laws prevent, suppress and punish acts and activities that endanger national security in accordance with the principle of the rule of law and that they target an extremely small minority of people and organizations that pose a threat to national security, while protecting the lives and property of the public. The Committee notes, however, that in their March 2024 opinion  on the NSO, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the right to education, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights defenders, the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, considered that the NSO “include[d] numerous measures that would significantly and unduly limit the exercise of human rights and fundamental freedoms”. The Special Rapporteurs noted that the Ordinance lacked “precision in key respects and may as a result infringe numerous human rights” (page 1) and appeared to “to create a significant risk of unnecessary and arbitrary curtailment of the freedoms of opinion, expression, peaceful assembly, association, and participation in public affairs, as well as fair trial and the right to liberty” (page 16). Furthermore, in their view, the NSO risked “impeding the right of the ability of individuals and groups to cooperate with … international human rights mechanisms and may thus constitute a form of reprisals for cooperation with the United Nations in the field of human rights” (pages 16–17). The Special Rapporteurs recommended “that a full review and reconsideration of the Ordinance is carried out to ensure that it complies with international human rights norms and standards which are binding on the HKSAR” (pages 1–2).
6. 148. The Committee considers it appropriate to emphasize the importance to be attached to the basic principles set out in the Universal Declaration of Human Rights, considering that their infringement can adversely affect the free exercise of trade union rights [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 67]. On many occasions, the Committee has emphasized the importance of the principle affirmed in 1970 by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties, which recognizes that the rights conferred upon workers’ and employers’ organizations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, and that the absence of these civil liberties removes all meaning from the concept of trade union rights [see Compilation, para. 68]. The Committee further recalls that genuinely free and independent trade union movement can only develop where fundamental human rights are respected and that should be the policy of every government to ensure observance of human rights [see Compilation, paras 71 and 78].
7. 149. In light of the above and its previous comments on the NSL, the Committee urges the HKSAR Government to review the new legislation in consultations with the social partners and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. It requests the HKSAR Government to provide detailed information on the measures taken to that end.
8. 150. The Committee notes with deep concern the ITUC allegation that following the entry into force of the NSL, as of 1 August 2024, 301 people had been arrested in “cases involving suspected acts or activities that endanger national security” including those arrested under the criminal law and the NSO, and 157 persons out of the 176 charged have been convicted. According to the ITUC, under the national security legislative framework, the conviction rate of national security crimes is at 89 per cent and most of the charges are in relation to speeches and publications made. While noting that the HKSAR Government once again generally reiterates that the unlawful acts for which persons were convicted were unrelated to the activities of trade unions or defending labour rights, and that they were convicted by an independent court, the Committee recalls that over the last four years since it first examined this case, the Committee examined numerous instances of reprisals under the NSL against trade unionists in the HKSAR for having exercised their legitimate trade union activities such as demanding that civil liberties and fundamental human rights be recognized to them.
9. 151. In particular, the Committee recalls that in its previous recommendations concerning the present case, it had firmly urged the HKSAR Government to take measures to ensure that Mr Lee Cheuk Yan, ex-General Secretary of the Independent Hong Kong Confederation of Trade Unions (HKCTU), was not prosecuted and not imprisoned for having exercised legitimate trade union activities. The Committee notes, however, that the HKSAR Government does not provide information concerning the concrete actions that have entailed the pending charges against Mr Lee Cheuk Yan. The Committee further notes that according to the ITUC, Mr Lee Cheuk Yan remains in preventive detention in relation to charges of inciting subversion of state power and that the date of his trial is still not fixed. The Committee recalls from the previous examinations of the case that in October 2022, Mr Lee Cheuk Yan completed serving his sentence of 20 months of imprisonment for charges of participation in four unauthorized demonstrations, but that he was not released and remained in preventive detention pending trial on the new charges under the NSL. The Committee deeply regrets that the Government provided no specific information on concrete measures it has taken to ensure that Mr Lee Cheuk Yan is not prosecuted and not imprisoned for having exercised legitimate trade union activities. It therefore reiterates its request and urges the Government to provide information on all measures taken to that end. The Committee also urges the HKSAR Government to provide precise information concerning the activities that have entailed Mr Lee Cheuk Yan’s latest indictment, as well as any development concerning the proceedings, including the court judgment once rendered. Recalling that preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry and that Justice delayed is justice denied [see Compilation, paras 140 and 170], the Committee urges the HKSAR Government to take all possible measures to enable Mr Lee Cheuk Yan’s release pending his next trial and to facilitate a speedy decision of his case.
10. 152. The Committee notes that according to the ITUC, on 19 November 2024, Ms Carol Ng and Ms Winnie Yu, ex-Chairpersons of the HKCTU and of the Hospital Authority Employees’ Alliance (HAEA), respectively, were sentenced to prison terms of four years and five months, and six years and nine months, respectively. The Committee recalls that according to the Government, they were charged with conspiracy to subvert state power in relation to their participation in primary elections. The ITUC recalls, however, that Ms Winnie Yu participated in the constituency election of the health service sector as a result of the failure of a sectoral strike staged by the HAEA demanding a dialogue with the hospital authority and the chief executive on protection of healthcare workers and preventive controls over the spread of the COVID-19 pandemic in January 2020. The Committee regrets that the HKSAR Government does not provide any information on sentencing except for stating that the activists were convicted based on irrefutable evidence as outlined in the publicly available court decisions. The Committee requests the Government and the complainants to indicate whether the court decision was appealed, as well as the foreseeing release date of Ms Carol Ng and Ms Winnie Yu considering they were detained pending trial.
11. 153. The Committee recalls that it requested the HKSAR Government to ensure that no charges were brought against Ms Elizabeth Tang, General Secretary of the International Domestic Workers’ Federation (IDWF), for legitimate trade union activities and to provide detailed information on any judicial measures taken or decisions adopted concerning her. The Committee recalls that Ms Elizabeth Tang, the General Secretary of the International Domestic Workers’ Federation, was arrested on 9 March 2023 on suspicion of collusion with a foreign country to endanger national security but later released on a bail, with her phone and passport confiscated. The Committee notes the ITUC indication that Ms Elizabeth Tang’s passport was returned to her. Noting that the HKSAR Government provides no information in this respect, the Committee requests it to confirm that there are no decisions adopted and no judicial measures pending concerning Ms Elizabeth Tang.
12. 154. The Committee notes the complainant’s allegation that following an arrest warrant issued on the basis of charges of secession, in July 2023, the HKSAR Secretary for Security cancelled the passport of Mr Christopher Mung Sui Tat, ex-HKCTU chief executive currently in exile in the United Kingdom, and that on 12 June 2024, Mr Christopher Mung and six other self-exiled human rights defenders and trade unionists were named by the Secretary for Security as absconders under article 89 of the NSO. Regretting the absence of the Government’s observations in this respect, the Committee urges it to provide the detailed information on the situation involving Mr Christopher Mung and other trade unionists without further delay.
13. 155. The Committee further notes the ITUC allegation concerning Ms Jackie Chan Hung-sau, ex-member of HKSWGU’s Executive Committee who, while she has been acquitted of charges of riots, may lose her professional licence if she is convicted on the appeal filed by the Department of Justice in August 2023. While noting the Government’s indication that the Basic Law provides solid protection for fundamental rights and freedoms, that all defendants charged with a criminal offence have the right to undergo a fair trial, and that the court decides cases strictly in accordance with evidence and all applicable laws, the Committee requests the HKSAR Government to provide information on the outcome of the appeal filed in August 2023 by the Department of Justice.
14. 156. The Committee recalls from the previous examinations of this case several instances of dissolution, including self-dissolution, of trade unions, which took place in a climate of fear and intimidation, not conducive to the development of free and independent trade union movement [see Report No. 397, March 2022, paras 215–217]. The Committee notes the indication of the HKSAR Government on the 54.1 per cent increase of registered trade unions and trade union federations (from 928 as at December 2019 to 1,430 as at November 2024), which, in its opinion, bears testimony to the HKSAR residents’ free exercise of the rights to freedom of association and to organize. In this respect, the Committee notes the ITUC allegation that looming threats of endangering security on trade unions are also reflected in the shrinking size and number of trade unions with the cancellation of registration of 218 trade unions either through dissolution or at their own request. The ITUC further indicates that the number of unions with membership of 50 people or less have almost tripled, from 287 to 813 during the three-year period.
15. 157. The Committee recalls that against this background it noted the cancellation of registration of the HKWCCU and requested the Government to communicate a copy of the decision concerning the de cancellation. The Committee notes the HKSAR Government’s indication that the HKWCCU was blatantly used for purposes inconsistent with its objects or rules. The HKSAR Government indicates that after objective and prudent assessment, the RTU issued a “Notice of Intention to Cancel the Registration of a Trade Union” to HKWCCU on 16 December 2022. Under the TUO, any voting member of the HKWCCU was entitled to appeal to the Court of First Instance against the notice. The registration of the HKWCCU was cancelled on 17 February 2023. The entire process was fair, open and just, with the channel for lodging appeal guaranteed. No appeal had been lodged by the statutory 28-day deadline. The Committee notes the ITUC indication that on 17 February 2023, registration of the HKWCCU, and of the HAEA on 24 March 2023, was cancelled following their self disbandment.
16. 158. With regard to its previous request to provide information on the follow-up actions taken with respect to the HKJA, the Committee notes that according to the ITUC, in January 2024, the HKJA was ordered to submit detailed account information to the Inland Revenue Department and pay tax in arrears amounting to about US$51,000 for the financial year of 2017/2018. The HKJA complied with the reporting requirements under the TUO and protested the tax department’s order. The ITUC further alleges that the Secretary for Security excluded the HKJA from invitation to consultations on the NSO with press organizations in January calling the union non-representative of journalists in Hong Kong. In May 2024, its chairperson Mr Ronson Chan, who has reportedly been the subject of a state-orchestrated smear campaign since his election, decided not to run for another term. Meanwhile, members of the HKJA were receiving text messages on their phone from unknown senders calling the union’s annual meeting “infiltrated” and under state surveillance and containing threats to record and expose the identity of participants. On 21 June 2024, the Secretary for Security openly attacked the professional background of the candidates running for union elections calling them non-journalists, agents of foreign organizations receiving funds and engaging in political activities. Just prior to that meeting, the chairperson of the newly elected executive and another member withdrew themselves from taking part in the election. On 17 July 2024, Ms Selina Cheng, the newly elected chairperson of the HKJA was fired by the newspaper. The Committee notes that according to the HKSAR Government, the RTU made inquiries with the HKJA in respect of its activities which were suspected to be inconsistent with its rules. The RTU considered the HKJA’s replies and relevant facts in an objective and prudent manner before taking any follow-up action in accordance with the TUO. All along, the HKJA had enjoyed full autonomy in the elections of its executive committee without any interference from the RTU. The HKSAR Government further indicates that under the Employment Ordinance, employees enjoy trade union rights, and an employer shall not prevent or deter an employee from exercising any of such rights or dismiss, penalize or discriminate against an employee by reason of their exercising any of such rights. Any employer who contravenes the relevant provisions is liable to prosecution. Ms Kar Yue Cheng approached the Labour Department on 12 November 2024 to complain against the company for the alleged dismissal owing to her participation in the HKJA. Investigation into the suspected offences in respect of anti-union discrimination has been completed. The Department of Justice is examining the case and will decide whether there is sufficient evidence to prosecute the employer concerned. The Committee requests the Government to provide information on the outcome of this case, as well as to carry out an independent investigation into the alleged dismissal of Ms Selina Cheng, the HKJA chairperson, and to provide detailed information thereon.
17. 159. The Committee observes with deep regret that since the first examination of this case in May 2021, following the adoption of the NSL, the situation of trade union rights and respect for civil liberties necessary for the independent trade union movement to develop, has not improved and that with the adoption of the new legislation – the NSO – the space for trade unions to conduct their legitimate activities has further shrunk. In light of the above, the Committee recalls that it expects that the NSL and related regulations will not be applied with respect to normal trade union and employer organization interactions and activities, including as regards their relations with international organizations of employers and workers. The Committee firmly urges the Government in consultation with the social partners to take all necessary measures, including legislative, to ensure, in law and in practice, the full enjoyment of trade union rights in a climate free of violence, threats and pressure in the HKSAR and to provide detailed information on all steps taken to that end.

The Committee’s recommendations

1. 160. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • The Committee firmly urges the Government of the Hong Kong Special Administrative Region (HKSAR), in consultation with the social partners, to monitor and provide information on the impact that the National Security Law (NSL) has already had and may continue to have on the exercise of freedom of association rights so that the Committee has available to it all necessary information to examine the impact of this legislation in practice.
   • The Committee urges the HKSAR Government to review the Safeguarding National Security Ordinance (NSO) in consultations with the social partners and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard. It requests the HKSAR Government to provide detailed information on the measures taken to that end.
   • The Committee firmly urges the HKSAR Government to take all appropriate measures to ensure that Mr Lee Cheuk Yan is not prosecuted and not imprisoned for having exercised legitimate trade union activities and requests the Government to provide information on all measures taken to that end. The Committee urgently requests the HKSAR Government to provide precise information regarding the activities that have entailed Mr Lee Cheuk Yan’s indictment for “incitement to subversion”, as well as concerning the developments of the proceedings against him, including the Court’s judgment once rendered. It further urges the HKSAR Government to take all possible measures to enable Mr Lee Cheuk Yan’s release pending his next trial and to facilitate a speedy decision of his case.
   • The Committee requests the HKSAR Government and the complainants to indicate whether the court decision in the case of Ms Carol Ng and Ms Winnie Yu was appealed, and to indicate the foreseeing release date considering that both activists were detained pending trial.
   • The Committee requests the HKSAR Government to confirm that there are no decisions adopted and no judicial measures pending concerning Ms Elizabeth Tang.
   • The Committee urges the HKASR Government to provide detailed information on the situation involving Mr Christopher Mung and other trade unionists without further delay.
   • The Committee requests the HKSAR Government to provide information on the outcome of the appeal filed in August 2023 by the Department of Justice against the acquittal of Ms Jackie Chan Hung-sau, ex-member of HKSWGU’s Executive Committee.
   • The Committee requests the HKSAR Government to provide information on the outcome of the case Ms Kar Yue Cheng, as well as to carry out an independent investigation into the alleged dismissal of Ms Selina Cheng, the Hong Kong Journalists Association chairperson, and to provide detailed information thereon.
   • In light of the issues raised in respect of the NSL and NSO, the Committee recalls that it expects that the NSL and related regulations will not be applied with respect to normal trade union and employer organization interactions and activities, including as regards their relations with international organizations of employers and workers. The Committee firmly urges the HKSAR Government in consultation with the social partners to take all necessary measures, including legislative, to ensure, in law and in practice, the full enjoyment of trade union rights in a climate free of violence, threats and pressure in the HKSAR and to provide detailed information on all steps taken to that end.