Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

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

The Committee has taken note of the Government’s reply to its previous direct request. It has noted, in particular, the information on provisions governing the resignation from service by public officials, as well as information on measures that may be taken in cases of emergency. It has also noted the Government’s statement that no national legislation on compulsory military service applies to the Hong Kong Special Administrative Region.

Article 25 of the Convention. The Committee previously noted the Government’s indication that, since the exaction of forced or compulsory labour is in contravention of the Hong Kong Bill of Rights 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. It requested 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.

The Government indicates in its latest report that there is no specific penal legislation on such kind of malpractices, but offences such as false imprisonment and offences against the person might most likely be committed in cases of illegal exaction of forced or compulsory labour, such offences being punishable under the general criminal law. The Committee requests the Government to provide, with its next report, copies of the general criminal law provisions referred to, as well as copies of any court decisions or official interpretations defining or illustrating their scope.