Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes that the Government's report contains no reply to the previous comments.

Article 1(c) and (d) of the Convention. 1. The Committee's earlier observations referred to sections 157 and 158 of the Shipping Act, 1987, which provide for imprisonment -- under the Prisons Rules, involving compulsory labour -- in cases of disobedience, desertion and absence without leave; and section 162, empowering forcible return on board ship of seafarers in desertion. The Committee pointed out that these provisions are incompatible with the Convention, in so far as they imply not only sanctions including compulsory work but also legal compulsion in the form of direct physical constraint or the menace of a penalty for participation in strikes or breaches of labour discipline or to ensure performance of services by workers (see paragraphs 110 and 117 of the 1979 General Survey on the Abolition of Forced Labour). The Committee noted the Government's indication in 1996 that no use had been made of those sections. It reiterates its hope that the Government will ensure that the legislation is brought into conformity with the Convention on these points and that the next report will include details.

2. The Committee has previously referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, which lays down penalties involving compulsory labour for breach of contract by persons employed in certain public services and is not limited in this respect to services whose interruption might endanger the existence or well-being of the whole or part of the population (see especially paragraph 114 of the General Survey). It noted that no penalties had been imposed under section 8(1), but again requests the Government to bring the legislation on this point into conformity with the Convention.

3. The Committee's previous comments referred to section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, which prohibits teachers from taking part in a strike, subject to penalties of imprisonment involving the obligation to work. It trusts that the Government's review of this matter has now been completed and that the next report will contain details of the measures taken to ensure compliance with the Convention in this respect.