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Articles 1 (paragraph 1) and 2 (paragraph 1), of the Convention. 
1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been referring to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which 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 pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Government indicates in its report that section 4(1)(xxx) referred to above is now section 4(1)(xxix) in the revised Act, and the relevant provision is still in force. The Committee has noted the Government’s repeated indication that no prosecutions have been carried out under this provision. While noting also the Government statement that the Committee’s comments on the Summary Jurisdiction (Offences) Act will be forwarded to the relevant authorities, the Committee expresses the firm hope that measures will be taken to repeal or amend the above provision, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to continue to supply information on any prosecutions made under this provision.

2. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 13(1) of the Defence Act, under which an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It also referred to section 11 of the Defence (Officer) Regulations (Cap. 135), under which an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observed that, under the above provisions, the service is not automatically terminated after the expiration of the notice period, since a request for resignation can be either accepted or refused. Referring to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee requested the Government to take the necessary measures in order to ensure complete conformity with the Convention on this point. It also asked the Government to indicate the criteria for acceptance or refusal of a resignation.

The Committee notes the Government’s indication in the report that the criterion for refusal of resignation is based on compliance with terms and conditions of contracts or bonds signed by officers; if the officer does not complete his contract or bond with the Government or refuses the alternative of paying off the bond, the resignation will be refused.

While noting these indications, the Committee requests the Government to provide clarifications as regards the application of the above criteria in practice, e.g. by giving examples of the grounds for refusal of the resignation. Noting also the Government’s statement that the Committee’s comments will be submitted to the Ministry of National Security, which is the authority responsible for the enforcement of the Defence Act, the Committee reiterates its hope that the necessary measures will be taken with a view to ensuring compliance with the Convention and requests the Government to provide, in its next report, information on the progress made in this regard.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. 1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In its earlier comments, the Committee referred to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which 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 pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While having noted the Government’s repeated indication that no prosecutions have been carried out under this provision, the Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention. Pending such amendment, the Committee requests the Government to continue to supply information on any prosecutions under this provision.

2. Freedom of career military personnel to leave their service. The Committee previously noted that, under section 13(1) of the Defence Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It notes that, under section 11 of the Defence (Officer) Regulations (Cap. 135), a copy of which has been supplied by the Government with its report, an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observes that it follows from the wording of these sections that the service is not automatically terminated, since a request for resignation can be either accepted or refused. It refers in this connection to the explanations contained in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee therefore reiterates its hope that the necessary measures will be taken in order to ensure complete conformity with the Convention on this point. Pending the adoption of such measures, it again requests the Government to indicate the criteria for acceptance or refusal of a resignation, as well as the information on the application of the above sections in practice, indicating the number of cases in which such resignations were refused and the grounds for refusal.

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The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the Defence (Premature Voluntary Release) Regulations, supplied by the Government with its report, which contain provisions allowing a soldier of the regular force to claim his discharge at any time before the completion of his term of engagement, subject to certain conditions.

Articles 1(1) and 2(1) of the Convention. 1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In its earlier comments, the Committee referred to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which 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 pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While having noted the Government’s repeated indication that no prosecutions have been carried out under this provision, the Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention. Pending such amendment, the Committee requests the Government to continue to supply information on any prosecutions under this provision.

2. Freedom of career military personnel to leave their service. The Committee previously noted that, under section 13(1) of the Defence Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It notes that, under section 11 of the Defence (Officer) Regulations (Cap. 135), a copy of which has been supplied by the Government with its report, an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observes that it follows from the wording of these sections that the service is not automatically terminated, since a request for resignation can be either accepted or refused. It refers in this connection to the explanations contained in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee therefore reiterates its hope that the necessary measures will be taken in order to ensure complete conformity with the Convention on this point. Pending the adoption of such measures, it again requests the Government to indicate the criteria for acceptance or refusal of a resignation, as well as the information on the application of the above sections in practice, indicating the number of cases in which such resignations were refused and the grounds for refusal.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) of the Convention. 1. The Committee previously noted that, under section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (chapter 99), read in conjunction with section 4(7) of the same Ordinance, 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 pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. The Government indicates again that no prosecutions have been carried out under this provision. The Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention and that, pending such amendment, the Government will continue to supply information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence Act (Cap. 106). It notes that, under section 13(1) of the Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. The Committee refers to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the fact that compulsory military service is excluded from the prohibition of forced or compulsory labour under the Convention cannot be invoked to justify denying career servicemen, who have voluntarily entered into an engagement, the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that appropriate measures will be taken in order to ensure full conformity with the Convention on this point. Pending the adoption of such measures, it requests the Government to indicate the criteria for acceptance or refusal of a resignation and to supply, with its next report, a copy of the regulations concerning resignation of officers adopted under section 14(1)(f) of the Defence Act.

3. The Committee previously noted that, under section 4 of the Defence (Amendment) Act, 1990, which repealed subsection (1) of section 26 of the principal enactment, a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations made under this section. The Committee again requests the Government to provide a copy of these regulations.

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The Committee notes the information provided by the Government in reply to its earlier comments.

Article 1(1) and Article 2(1) of the Convention. 1. The Committee previously noted that, under section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (chapter 99), read in conjunction with section 4(7) of the same Ordinance, 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 pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. The Government indicates again that no prosecutions have been carried out under this provision. The Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention and that, pending such amendment, the Government will continue to supply information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence Act (Cap. 106). It notes that, under section 13(1) of the Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. The Committee refers to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the fact that compulsory military service is excluded from the prohibition of forced or compulsory labour under the Convention cannot be invoked to justify denying career servicemen, who have voluntarily entered into an engagement, the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that appropriate measures will be taken in order to ensure full conformity with the Convention on this point. Pending the adoption of such measures, it requests the Government to indicate the criteria for acceptance or refusal of a resignation and to supply, with its next report, a copy of the regulations concerning resignation of officers adopted under section 14(1)(f) of the Defence Act.

3. The Committee previously noted that, under section 4 of the Defence (Amendment) Act, 1990, which repealed subsection (1) of section 26 of the principal enactment, a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations made under this section. The Committee again requests the Government to provide a copy of these regulations.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 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 is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1.  In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 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 is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2.  The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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1. The Committee notes the Government's brief report which contains no reply to its previous comments.

2. In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 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 is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

3. The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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1. In its earlier comments, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (Chapter 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 is 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 the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee again notes that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(x) will be brought into conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence (Amendment) Act 1990. It notes with interest that section 4 of this Act amends section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government to provide a copy of these regulations as well as of the principal enactment.

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The Committee notes the information provided by the Government in its last report.

1. In its earlier comments, the Committee noted that section 4(1)(XXX) 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. Having previously indicated that no prosecutions were carried out under the Act, the Government reports that there has been no change in this regard. Under these circumstances the Committee again expresses the firm hope that on the occasion when the Ordinance is next amended section 4(1)(XXX) will be brought into conformity with the Convention, e.g., by deleting the words "himself or", and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence (Amendment) Act 1990. It notes with interest that section 4 of this Act amends section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government to provide a copy of these regulations as well as of the principal enactment.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

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 expresses the hope 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 again 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.

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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.

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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.