Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the observations of the International Trade Union Confederation (ITUC) dated 26 August 2009 and 9 September 2009 concerning discrimination of the authorities against the Hong Kong Confederation of Trade Unions (HKCTU) and limited protections for the right to strike. The Committee requests the Government to provide its comments with regard to these issues in its next report.

The Committee previously noted the proposals to implement article 23 of the Basic Law which, among others, would allow for the proscription of any local organization which was subordinate to a mainland organization, the operation of which had been prohibited on the grounds of protecting the security of the State. The Committee previously expressed the firm hope that any further action on proposed legislation to implement article 23 of the Basic Law would take fully into account the provisions of this Convention, in particular, the right of workers and employers to form and join the organization of their own choosing and to organize their administration and activities free from interference by the public authorities. The Committee notes that the Government indicates in its report that article 27 of the Basic Law guarantees that residents of the HKSAR shall have freedom of association and the right and freedom to form and join trade unions, while article 18(1) of the Hong Kong Bill of Rights, as set out in the Hong Kong Bill of Rights Ordinance, stipulates 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 his interests”. The Committee notes that the ITUC indicates that several substantive changes have been made to the draft text of article 23 but that there has not been an announced timetable for enactment of the bill. The Committee requests the Government to include in its next report a copy of the draft bill for article 23 of the Basic Law and to indicate any progress made in the enactment of the bill.