Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. 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 to do so, 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. The Government having previously indicated that no prosecutions were carried out under the Act, the Committee again 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.

2. The Committee requests the Government to provide with its next report a copy of the provisions governing enlistment and discharge of members of the defence force, including the Defence (Amendment) Act of 1990.