Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(a) of the Convention. Punishment for expressing political views.  In its earlier comments, the Committee referred to certain legislative provisions under which penalties of imprisonment (involving compulsory prison labour, in accordance with Rule 38 of the Prison Rules) may be imposed for the following offences:

–      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); and

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

The Committee notes the Government’s statement in the report that freedom of the press, as well as freedom of opinion and expression, is protected under the Basic Law and the Hong Kong Bill of Rights Ordinance (Cap. 383), as well as the Government’s repeated indication that there have been no cases involving the application of the provisions referred to above.

While noting these indications, the Committee reiterates its hope that measures will be taken in order to bring these provisions into conformity with the Convention and the indicated practice, so as to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. Pending the adoption of such measures, the Committee again requests the Government to continue to supply information on the application of these provisions in practice, including copies of the relevant court decisions, if any.

Article 1(c). Punishment for breaches of labour discipline.  In its earlier comments, the Committee referred to section 21(a) of the Prisons Ordinance (Cap. 234), under which 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).

The Committee has noted the Government’s repeated indication in its reports that there have been no cases involving the application of section 21(a) so far. However, the Committee reiterates its hope that measures will be taken in order to bring this provision into conformity with the Convention and the indicated practice, so as to ensure that no sanctions involving compulsory labour can be imposed as a means of labour discipline. Pending the adoption of such measures, the Committee again requests the Government to continue to provide information on the application of section 21(a) in practice, supplying copies of the relevant court decisions, if available.