Interim Report - Report No 413, March 2026

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 2025 meeting, when it presented an interim report to the Governing Body [see 409th Report, approved by the Governing Body at its 353rd Session, paras 109–160]. 
2. 110. The Government of China transmitted the observations of the Government of the Hong Kong Special Administrative Region (HKSAR) in a communication dated 30 January 2026.
3. 111. 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. 112. At its March 2025 meeting, the Committee made the following recommendations [see 409th Report, para. 160]:
   • (a) 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.
   • (b) 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.
   • (c) 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.
   • (d) 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.
   • (e) The Committee requests the HKSAR Government to confirm that there are no decisions adopted and no judicial measures pending concerning Ms Elizabeth Tang.
   • (f) The Committee urges the HKASR Government to provide detailed information on the situation involving Mr Christopher Mung and other trade unionists without further delay.
   • (g) 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.
   • (h) 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.
   • (i) 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.

B. The Government’s reply

1. 113. By its communication dated 30 January 2026, the Government of China transmits the observations of the HKSAR Government on the Committee’s previous recommendations.
2. 114. At the outset, the HKSAR Government points out that fundamental rights and freedoms are fully protected in the HKSAR in accordance with the Constitution of the People’s Republic of China (PRC) and the Basic Law of the HKSAR. 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. 115. The HKSAR Government once again 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 Law of the PRC on Safeguarding National Security in the HKSAR (NSL) (enacted by the Central PRC Government in 2020 and promulgated by the NKSAR Government soon after) and the Safeguarding National Security Ordinance (SNSO) (enacted by the HKSAR in 2024, as per its constitutional duty) improved the legal system and enforcement mechanisms for safeguarding national security; they are compatible and complementary, jointly establishing a comprehensive and effective legal system for safeguarding national security and stability in the HKSAR. Implementation of the relevant legislation has enabled the livelihood and economic activities of the Hong Kong community. The business environment has been restored and is continuously improving. The Government reiterates that the HKNSL and the SNSO clearly stipulate that human rights shall be respected and protected 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 and members of trade unions, like everyone else, have an obligation to abide by all laws.
4. 116. The HKSAR Government indicates that during the SNSO legislative process, it conducted public consultations, including with trade unions. Over 13,000 submissions were received, of which 98.6 per cent showed support and provided positive comments, fully reflecting strong public support for the legislative exercise and the aspiration of the people. Thirty trade unions (including, the Hong Kong Federation of Trade Unions , the Hong Kong Construction Industry Employees General Union and the Hong Kong Construction Industry Bar-bending Workers Union) showed clear support for the legislation to ensure that Hong Kong could address the evolving national security risks and challenges effectively and safeguard national security.
5. 117. The HKSAR Government considers that offences stipulated in the NSL and the SNSO 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.
6. 118. The HKSAR Government indicates that the concerns regarding the SNSO expressed by several United Nations Special Rapporteurs and the International Trade Union Confederation (ITUC) are based on misinterpretation of the relevant laws and points out that individuals properly exercising union rights and strike-related rights will not contravene the SNSO. The Government refers to its 2024 reply provided to the Office of the High Commissioner for Human Rights in this respect.
7. 119. The HKSAR is a society underpinned by the rule of law and has always adhered to the principle that “laws must be obeyed and lawbreakers be held accountable”. The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, paying no regard to the political stance, background or occupation of the person or organization involved. The HKSAR police take all necessary measures in accordance with the law to bring to justice individuals who have absconded overseas and allegedly committed offences under the HKNSL. The HKSAR Government emphasizes that such actions are fully justified, necessary and legitimate and that endangering national security is a very serious offence.
8. 120. The HKSAR Government explains that pursuant to article 63 of the Basic Law, the Department of Justice is responsible for criminal prosecutions and independently makes prosecutorial decisions according to the law, free from any interference. All prosecutorial decisions are based on objective analysis of all admissible evidence and applicable laws. All cases, including those mentioned in the Committee’s recommendations, are handled strictly on the basis of evidence and in accordance with the law.
9. 121. The HKSAR Government reiterates that suspected criminal activities should not be conflated with lawful trade union activities. 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. 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.
10. 122. Regarding the cases mentioned in the Committee’s recommendations, the HKSAR Government indicates that since the legal proceedings involved are still ongoing, it is inappropriate for any person to comment on the cases concerned in an attempt to interfere with the court to exercise judicial power independently, which might otherwise constitute perverting the course of justice.
11. 123. The HKSAR Government expresses its firm commitment to upholding trade unions’ rights to organize activities to promote and defend occupational interests of their members. It disagrees with the allegation that the right to freedom of association has been drastically curbed since the enactment of the HKNSL and points out that the increase of 52.7 per cent of registered trade unions and trade union federations from 928 as at December 2019 to 1,417 as at November 2025 bears testimony to the HKSAR residents’ free exercise of the rights to freedom of association and to organize.
12. 124. The Registry of Trade Unions (RTU) of the Labour Department of the HKSAR Government administers the Trade Union Ordinance (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 HKNSL, the SNSO, the TUO and its regulations, other relevant laws of Hong Kong, and the registered trade union rules. 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.
13. 125. The HKSAR Government indicates that the RTU ensures that the rights of trade unions are exercised within lawful bounds. The TUO provides for the requirements for trade unions applying for registration 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. As for the dissolution, 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 itself and is free from any interference by the RTU. The registration regime under the TUO is transparent and objective, providing full protection of trade union rights.
14. 126. 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 HKNSL. 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.

C. The Committee’s conclusions

1. 127. The Committee recalls that the pending issues in this case involve allegations of crackdown on civil liberties with: (1) the adoption of the HKSNSL in 2020 and of the SNSO in 2024; and (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 SNSL.
2. 128. 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 HKNSL 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 HKNSL is necessary for restoring the HKSAR’s stability and further reiterates that one must observe the law in force in exercising his or her rights, including freedom of association and the 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 once again notes with regret that the HKSAR Government provides no information on measures taken to consult the social partners concerning this critical issue and to monitor the impact of the NSL on the exercise of freedom of association rights. With regard to the Committee’s request to review the SNSO in consultation with the social partners, the Committee notes that according to the Government, the concerns expressed in relation to the SNSO are based on misinterpretation of its provisions and that offences stipulated in the NSL and the SNSO clearly define their elements, penalties, exceptions and defences. The Government further 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 recalls that its request to review the SNSO in consultation with the social partners was based on the Committee’s consideration of several of its provisions and on the alleged use of the SNSO to prosecute trade union leaders, as referred to below. The Committee regrets to note what appears to be the absence of intention to review the SNSO in consultation with the social partners and recalls that the membership of a State in the International Labour Organization carries with it the obligation to respect in national legislation freedom of association. The Committee recalls that in exercising freedom of association rights, workers and their organizations should respect the law of the land, which in turn should respect the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 66]. The Committee urges the Government to provide it with detailed information on the steps taken to engage with the social partners to assess, monitor and address any impact of the NSL and the SNSO on freedom of association in practice. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard, if necessary. The Committee refers the legislative aspects of the SNSO to the Committee of Experts on the Application of Conventions and Recommendations (CEACR).
3. 129. The Committee recalls that it had previously noted with deep concern the ITUC allegation that following the entry into force of the HKNSL, 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 SNSO, 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 was at 89 per cent and most of the charges were 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 five years since it first examined this case, the Committee examined numerous instances of reprisals under the HKSNSL 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.
4. 130. In particular, the Committee recalls that it had firmly urged the HKSAR Government to take all appropriate measures to ensure that Mr Lee Cheuk Yan, ex-General Secretary of the Hong Kong Confederation of Trade Unions (HKCTU), was not prosecuted and not imprisoned for having exercised legitimate trade union activities and requested the Government to provide information on all measures taken to that end. The Committee also urgently requested 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 urged 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. The Committee recalls from the previous examinations of the case that in October 2022, Mr Lee 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 HKNSL. The Committee notes with deep regret that once again, the HKSAR Government provides no specific information on concrete measures it has taken to ensure that Mr Lee is not prosecuted and not imprisoned for having exercised legitimate trade union activities. It therefore reiterates its previous request. The Committee understands that Mr Lee’s latest trial began in January 2026 and urges the HKSAR Government to provide precise information concerning the activities that have entailed Mr Lee’s latest indictment, as well as any development concerning the proceedings, including the court judgment once rendered.
5. 131. The Committee recalls 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 requested the Government and the complainants to indicate whether the court decision was appealed, as well as the foreseen release date of Ms Carol Ng and Ms Winnie Yu considering they were detained pending trial. The Committee regrets that neither the HKSAR Government, nor the complainants, provide no information on the current situation of the two trade union leaders and reiterates its request.
6. 132. The Committee recalls that it requested the HKSAR Government to confirm that there were no decisions adopted and no judicial measures pending concerning Ms Elizabeth Tang, General Secretary of the International Domestic Workers’ Federation (IDWF). The Committee recalls that Ms Elizabeth Tang was arrested on 9 March 2023 on suspicion of collusion with a foreign country to endanger national security but later released on a bail and that her passport was later returned to her. The Committee regrets that the HKSAR Government provides no information in this respect. It therefore reiterates its previous requests.
7. 133. The Committee recalls the 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 SNSO. The Committee urges the HKSAR Government to provide detailed information on the situation involving Mr Christopher Mung and other trade unionists without further delay. Regretting the absence of the HKSAR Government’s specific observations in this respect, the Committee reiterates its previous request.
8. 134. The Committee recalls the ITUC allegation concerning Ms Jackie Chan Hung-sau, exExecutive Committee member of the Hong Kong Social Workers’ General Union (HKSWGU) who, while she has been acquitted of charges of riots, may lose her professional licence if convicted on the appeal filed by the Department of Justice in August 2023. The Committee requested the HKSAR Government to provide information on the outcome of the appeal filed in August 2023 by the Department of Justice. The Committee understands that the Court of Appeal has overturned the initial acquittal and convicted her for rioting. Regretting the absence of the HKSAR Government’s specific observations in this respect, the Committee requests the Government provide a copy of the judicial decision.
9. 135. The Committee recalls that according to the ITUC, on 17 July 2024, Ms Selina Cheng Kar-Yue (Ms Cheng), the newly elected chairperson of the Hong Kong Journalists Association (HKJA) was fired by the newspaper of which she was an employee. The Committee noted 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. The HKSAR Government further indicated that Ms Cheng approached the Labour Department on 12 November 2024 to complain against the company for the alleged dismissal due to her participation in the HKJA, that investigation into the suspected offences in respect of anti-union discrimination has been completed and that the Department of Justice was examining the case and will decide whether there is sufficient evidence to prosecute the employer concerned. The Committee requested 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 Cheng and to provide detailed information thereon. Regretting the absence of the HKSAR Government’s specific observations in this respect, the Committee reiterates its previous request.
10. 136. The Committee observes with deep regret that since the first examination of this case in May 2021, following the adoption of the HKNSL, the situation of trade union rights and respect for civil liberties necessary for the independent trade union movement to develop, shows no signs of improving and that with the adoption of the new legislation – the SNSO – the space for trade unions to conduct their legitimate activities has further shrunk. The Committee once again 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.
11. 137. With regard to the Government’s request to put an end to the examination of this case, the Committee recalls that when a case, such as this one, is classified as interim, this is because the Committee requires certain information from the Government or the complainant relating to particular aspects of the case in order to be able to make substantive rulings on these questions. While welcoming the observations provided by the HKSAR Government, the Committee regrets that these are limited to the reiteration of previously made general statements and further regrets the absence of detailed replies to its queries and recommendations. The Committee expects the HKSAR Government to provide all requested information without further delay.

The Committee’s recommendations

1. 138. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) The Committee urges the Government to provide it with detailed information on the steps taken to engage with the social partners to assess, monitor and address any impact of the National Security Law and the Safeguarding National Security Ordinance (SNSO) on freedom of association in practice. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard, if necessary. The Committee refers the legislative aspects of the SNSO to the Committee of Experts on the Application of Conventions and Recommendations.
   • (b) 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.
   • (c) 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.
   • (d) The Committee requests the HKSAR Government to confirm that there are no decisions adopted and no judicial measures pending concerning Ms Elizabeth Tang.
   • (e) The Committee urges the HKSAR Government to provide detailed information on the situation involving Mr Christopher Mung and other trade unionists without further delay.
   • (f) The Committee requests the HKSAR Government to provide a copy of the judicial decision in the appeal filed in August 2023 by the Department of Justice against the acquittal of Ms Jackie Chan Hung-sau, ex-Executive Committee member of the Hong Kong Social Workers’ General Union.
   • (g) The Committee requests the HKSAR Government to provide information on the outcome of the case of Ms Selina Cheng Kar-Yue, the Hong Kong Journalists Association chairperson, as well as to carry out an independent investigation into her alleged dismissal, and to provide detailed information thereon.
   • (h) 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.
   • (i) The Committee expects the HKSAR Government to provide all information requested above without further delay.