Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Free choice of workers’ representatives. In its 2005 observation, the Committee noted the views of the Hong Kong Confederation of Trade Unions (HKCTU) on the method of appointing workers’ representatives to the Labour Advisory Board (LAB), according to which one workers’ representative is appointed by the Government ad personam, while the other five are elected by trade unions regardless of their “most representative” character. The Committee further noted that the Government was ready to consider the views of the HKCTU and review the method for electing workers’ members. In the report received in November 2007, the Government indicates that pursuant to a review conducted in 2006, it considers that the current method of returning representatives to the LAB is most suitable to local circumstances and in compliance with the requirement of the Convention as applied to the Special Administrative Region of Hong Kong. The Committee recalls that in May 1998 the Office registered a new government notification in relation to Article 3 of the Convention indicating that employers and workers are represented by six members on each side on the Labour Advisory Board. Five of the employers’ representatives are freely nominated by their respective associations and five workers’ representatives are elected biennially by workers’ trade unions in a secret ballot. The remaining members are direct appointees of the Chief Executive. In the report received in November 2007, the Government also indicates that members of the LAB were consulted in respect of reviewing the methods for returning LAB representatives and concurred that the current election method should be maintained for the new LAB term beginning in 2007. The Committee therefore hopes that in its next report the Government will continue to provide information on the activities of the Committee on the Implementation of International Labour Standards (CIILS) under the auspices of the LAB on all matters relating to international labour standards covered by the Convention. It further requests the Government to indicate whether the HKCTU was included in the consultations and in reviewing the election method.