Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report. It also takes note of the comments made by the Hong Kong Confederation of Trade Unions (HKCTU) and the International Confederation of Free Trade Unions (ICFTU) concerning the proposals to implement article 23 of the Basic Law. While noting the Government’s extensive reply to the ICFTU communication and observing that the proposals to implement article 23 have apparently been postponed, the Committee notes with concern the comments raised by the HKCTU and ICFTU in respect of the draft provisions which, among others, would allow for the proscription of any local organization which is subordinate to a mainland organization, the operation of which has been prohibited on the grounds of protecting the security of the State. The Committee notes in this respect the Government’s indication that the Bill expressly provides for a number of safeguards in respect of the proscription mechanisms and further notes its strong affirmation that there is no question of the National Security Bill endangering the independent trade union movement in Hong Kong. The Committee therefore expresses the firm hope that any further action on proposed legislation to implement article 23 of the Basic Law will take fully into account the provisions of this Convention, in particular, the right of workers and employers to form and join the organization of their own choosing, and to organize their administration and activities free from interference by the public authorities.