Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) of the Convention. 1. The Committee previously noted that, under section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (chapter 99), read in conjunction with section 4(7) of the same Ordinance, every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. The Government indicates again that no prosecutions have been carried out under this provision. The Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention and that, pending such amendment, the Government will continue to supply information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence Act (Cap. 106). It notes that, under section 13(1) of the Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. The Committee refers to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the fact that compulsory military service is excluded from the prohibition of forced or compulsory labour under the Convention cannot be invoked to justify denying career servicemen, who have voluntarily entered into an engagement, the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that appropriate measures will be taken in order to ensure full conformity with the Convention on this point. Pending the adoption of such measures, it requests the Government to indicate the criteria for acceptance or refusal of a resignation and to supply, with its next report, a copy of the regulations concerning resignation of officers adopted under section 14(1)(f) of the Defence Act.

3. The Committee previously noted that, under section 4 of the Defence (Amendment) Act, 1990, which repealed subsection (1) of section 26 of the principal enactment, 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 such sum and subject to such conditions as may be prescribed by regulations made under this section. The Committee again requests the Government to provide a copy of these regulations.