Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

In an earlier comment, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (ch. 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, shall be guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of Article 2, paragraph 1, of the Convention if enforced by any penalty and asked the Government to indicate whether section 4(1)(x) was still in force and if so, to consider its amendment at an appropriate occasion so as to ensure the observance of the Convention in this regard.

The Committee notes the indication in the Government's report for the period 1 July 1988 to 30 June 1989 that the section is still in force but no prosecutions have been carried under this section during the period covered by the report.

The Committee hopes that on the occasion when the Ordinance is next amended, section 4(1)(x) will be brought into conformity with the Convention and that the Government will indicate in future reports any prosecutions under it or changes in the situation.