Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee has noted the Government’s reply to its earlier comments, and in particular, the Government’s indications concerning the application in practice of sections 20, 30 and 33 of the Telecommunications Ordinance (Cap. 106), as well as clarifications concerning the right to strike, including the Government’s statement that the labour legislation in the HKSAR contains no provisions according to which a strike may be declared illegal. The Committee has also noted the Police (Discipline) Regulations (Cap. 232A), Customs and Excise Service (Discipline) Rules (Cap. 342B) and other pieces of legislation containing disciplinary provisions in the disciplined services, communicated by the Government with its report.

1. Article 1(a) of the Convention. The Committee previously noted the following legislative provisions under which penalties of imprisonment (involving compulsory prison labour, in accordance with Rule 38 of the Prison Rules) may be imposed:

-  printing, publishing, selling, distributing, importing, etc. of seditious publications or uttering seditious words (section 10 of the Crimes Ordinance, Cap. 200);

-  various violations of the prohibition of printing and publication (sections 18(i) and 20 of the Registration of Local Newspapers Ordinance, Cap. 268; regulations 9 and 15 of the News Agencies Registration Regulations, Cap. 268A; regulations 8 and 19 of the Newspaper Registration and Distribution Regulations, Cap. 268B; regulations 7 and 13 of the Printed Documents (Control) Regulations, Cap. 268C);

-  various contraventions of regulations of public meetings, processions and gatherings (section 17A of the Public Order Ordinance, Cap. 245).

The Committee notes the information concerning the application in practice of section 17A(3)(b)(i) of the Public Order Ordinance (Cap. 245), provided by the Government in its report, as well as the Government’s indication that there have been no prosecution or enforcement actions under other provisions referred to above. Recalling that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, the Committee requests the Government to continue to supply information on the application of these provisions in practice, including copies of court decisions defining or illustrating their scope, in order to enable the Committee to assess their compliance with the Convention.

Article 1(c). 2. The Committee has noted the Merchant Shipping (Seafarers) (Passenger Ships - Training) Regulation, Chapter 478AE, made under section 134(6) of the Merchant Shipping (Seafarers) Ordinance. It would appreciate it if the Government would continue to supply, in its future reports, information on any other regulations made under the Ordinance, which might prescribe offences in respect of contraventions to the regulations punishable with imprisonment for a period of up to two years, as laid down in section 134(6) of the Ordinance.

3. In its earlier comments, the Committee noted that section 21(a) of the Prisons Ordinance, Chapter 234, lays down penalties for misconduct and provides that any officer of the Correctional Services Department or other person employed in the prisons, who after having duly engaged to serve as such absents himself from his duties, shall be guilty of an offence and shall be liable on conviction to imprisonment for six months (which involves compulsory prison labour). It requested the Government to indicate any measures taken or envisaged regarding this section to ensure that no sanctions involving compulsory labour are being imposed as a means of labour discipline. Noting the Government’s indication that there have been no cases involving the application of section 21(a) so far, the Committee requests the Government to continue to provide information on the application of this section in practice, supplying copies of relevant court decisions and indicating the penalties imposed.