Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 2(1) and 3(1) of the Convention. Effective tripartite consultations. Election of representatives of the social partners. The Committee recalls that for many years it has been requesting the Government and the social partners to 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 (now dissolved) Hong Kong Confederation of Trade Unions (HKCTU) in the consultation process, and to provide information on all measures taken or envisaged in this regard. Since 2016, the Committee has been reiterating its concern about a risk that the HKCTU may have been excluded from meaningfully participating in the consultative process in the Labour Advisory Board (LAB) as part of the most representative organizations of workers due to the electoral system in place in the country, which requires voting for a slate of labour organization candidates. In this regard, the Committee recalls once again the concerns which had been expressed repeatedly by the HKCTU in its observations since 2016, considering the LAB electoral system to be unjust and to prevent it from being elected to the LAB despite being the second largest trade union confederation. For several years, the HKCTU had thus been pointing to the fact that the LAB is comprised of six workers’ representatives, five of whom are elected by registered trade unions, with a sixth representative appointed ad personam by the Government. The HKCTU had explained that, pursuant to the electoral system, votes were equally weighted regardless of the size of trade union membership according to the principle of “one union, one vote” and that voters can vote for a slate of five candidates, as a block, in one ballot – with the slate of five candidates which received more than half of the votes winning all five seats.

The Committee notes with regret that the Government once again limits itself to providing substantively similar information to that shared already for several years – reiterating its commitment to ensure effective tripartite consultations through the LAB and the information provided since 2016 concerning the functioning of the electoral system in place. The Government also once again indicates that all workers’ unions registered under the Trade Unions Ordinance can nominate and elect workers’ representatives to the LAB, regardless of affiliation in any trade union groups. Moreover, the Government also reiterates that all workers’ unions are free to affiliate to any trade union groups or to remain unaffiliated. It indicates that, between 1 June 2019 and 31 May 2023, the number of registered trade unions increased from 852 to 1,387 and that, as of the end of 2022, approximately 70 per cent of the registered trade unions were not affiliated with any major trade union group. The Government also once again reiterates that since all registered workers’ unions may freely exercise their choice in the election, no trade union group can dictate the election results, and that there are no particular trade union groups excluded from the election. The Government also reiterates its commitment to further ensure that every registered trade union enjoys the same right as other registered trade unions to nominate candidates and to vote in the election of workers’ representatives of the LAB, stressing that it would be inappropriate if the system of electing workers’ representatives to the LAB were to be changed for the advantage of a particular organization. Lastly, the Committee notes the Government’s indication that the latest election of workers’ representatives to the LAB was held in November 2022. The Government indicates that 13 nominations were received, which included two incumbent workers’ representatives and that, after the trade unions cast their votes by secret ballot, the two workers’ representatives and three other candidates were elected.

Against this backdrop, the Committee wishes to stress that the role of the Government should be to endeavour to secure an agreement of all the organizations concerned in establishing the tripartite procedures provided for by the Convention (2000 General Survey on tripartite consultation, paragraph 34). It once again recalls that the term “most representative organizations of employers and workers”, as provided for in Article 1 of the Convention, does indeed “not mean only the largest organization of employers and the largest organization of workers”. 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 Committee also wishes to refer in this respect to its 2023 observation on the implementation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), where it noted with deep concern the reported continued decline of civil liberties and freedom of association, as a result of which, according to the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), the independent trade union movement in Hong Kong is non-existent. In this regard, the Committee observes that, in 2021, the HKCTU had announced that it would invoke the procedure to disband the trade union centre, following persistent stigmatization, vilification and attacks on its trade union activities and the use of security and the judiciary to intimidate and harass its members for exercising trade union rights and civil liberties (2021 observation on Convention No. 87). In this context, the Committee draws the Government’s attention to Article 1 of the present Convention, which states that representative organizations for the purposes of the Convention are those enjoying “the right of freedom of association”. The Committee recalls that the reference to the “right of freedom of association” is intended to guarantee that consultations take place under conditions in which representative organizations have an opportunity to express their point of view in total freedom and independence, which can only be guaranteed through full respect for the principles embodied in Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), which include the right of all workers and employers to establish and join organizations of their own choosing, the right of such organizations to manage their own internal affairs without interference by the public authorities, and the right of employers’ and workers’ organizations to protection from acts of interference by each other (General Survey of 2000, paragraph 40). Bearing in mind that under Article 1, representative organizations for the purposes of the Convention are those enjoying the right of freedom of association, the Committee expresses the firm hope that the Government will 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 (Articles 1 and 2 of the Convention).As per the meaning of Article 1 of the Convention, such consultations must involve the most representative organizations of employers and workers in reviewing the LAB’s current electoral system. In addition, the Committee urges the Government to provide detailed information on how it ensures that all representative organizations within the meaning of Article 1 of the Convention take part in the effective consultations on each of the matters listed in Article 5.

Article 5(1). Effective tripartite consultations. The Committee notes the Government’s indication that the Committee on the Implementation of International Labour Standards (CIILS) of LAB was consulted on all reports on the application of ratified Conventions submitted under article 22 of the ILO Constitution and that the copies of the reports were communicated to all LAB members. The Government further indicates that tripartite consultations were held also within the CIILS concerning the application of Conventions in the country. For instance, government officials from the Labour and Welfare Bureau and the Social Welfare Department met with CIILS members with regard to the possibility of applying the Social Security (Minimum Standards) Convention, 1952 (No. 102), in the HKSAR. The Government adds that, following detailed discussions, the CIILS members agreed that it was inappropriate for Convention No. 102 to be applied to the HKSAR at this stage. The Committee notes the report of LAB for 2021–22, communicated together with the Government’s report. Lastly, the Government provides information on tripartite consultations held during the report period regarding the formulation of national labour related policies (Paragraph 5(c) of Recommendation No. 157). The Committee requests the Government to continue to provide up-to-date information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards listed in Article 5(1) of the Convention.