Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - China - Región Administrativa Especial de Hong Kong (Ratificación : 1997)

The Committee has taken note with interest of the Government's first report on the application of the Convention. It notes that the use of forced or compulsory labour is prohibited by the Hong Kong Bill of Rights Ordinance.

Article 2(2)(a) of the Convention. The Committee notes that the Compulsory Service Ordinance, Chapter 246 was repealed on 1 March 1997 and there is no longer any compulsory military service law in the Hong Kong Administrative Region. It requests the Government to indicate whether more general legislation of China on compulsory military service applies in the Hong Kong Administrative Region and, if so, to supply a copy thereof.

Article 2(2)(b). The Committee requests the Government to indicate the statutory instruments governing the resignation from service by public officials and career military personal, and send copies of the relevant regulations.

Article 2(2)(d). The Committee notes the Government's indication that under section 5 of the Hong Kong Bill of Rights Ordinance, in case of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, measures may be taken derogating from the Bill of Rights to the extent strictly required by the exigencies of the situation, but these measures shall be taken in accordance with the law. It requests the Government to send copies of any statutory instruments regulating the measures that may be taken in cases of emergency in so far as there may involve the exaction of work or service.

Article 25. The Government indicates in its report that the exaction of forced or compulsory labour is in contravention of the Hong Kong Bill of Rights Ordinance and for contravention of the Ordinance, a court or tribunal in proceedings within its jurisdiction may grant such remedy, or make such order, in respect of such a breach, violation or threatened violation as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances. The Committee recalls that under article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence. The Committee requests the Government to indicate the provisions of penal legislation under which a court or tribunal might sentence a person found guilty of exaction of forced or compulsory labour.