Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the Government's brief report which contains no reply to its previous comments.

2. In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

3. The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.