Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Article 1(a) of the Convention. Imposition of penal sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that penalties of imprisonment (involving compulsory prison labour pursuant to sections 46 and 47 of the Prisons Ordinance (Cap. 76) of 1977) may be imposed under the following provisions of the Penal Code:

• – section 60 (spreading false rumours, whether in writing or by word of mouth or otherwise, tending to create or foster public alarm, anxiety or disaffection, to disturb the public peace, etc.);
• – section 66 (uttering any seditious words; printing, publishing, selling, distributing, reproducing or importing any seditious publications);
• – section 69(1) (contravening a court order prohibiting the publication of a newspaper);
• – sections 70(3) and 78 (failure to deliver a prohibited publication to a police officer); and
• – sections 75–76 (importing, publishing, selling, distributing, reproducing or possessing a prohibited publication).

The Committee also noted the Government’s indication in its 2010 report that the Committee’s comments would be considered by the tripartite National Decent Work Agenda Steering Committee. In this connection, the Committee notes the Government’s statement that no court decisions have been handed down under the above provisions of the Penal Code.

The Committee observes further that the Public Order Ordinance (Cap. 82) of 1977 contains provisions punishing with imprisonment various prohibitions concerning meetings, processions, assemblies, flags, emblems and uniforms in connection with political objects (for example, sections 3, 4 and 14). The Committee recalls that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee therefore hopes that appropriate measures will be taken with a view to bringing the above provisions of the Penal Code and the Public Order Ordinance into conformity with the Convention, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (for example, fines), in order to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. In order to ascertain that the above provisions are not applied to acts through which citizens seek to secure the dissemination and acceptance of their views, the Committee requests the Government to continue to provide information on their application in practice, supplying copies of court decisions defining or illustrating their scope.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. In its previous comments, the Committee noted that the Industrial Relations Code (Amendment) Act, 2008, had repealed the provision in section 37 of the Industrial Relations Code, which imposed sanctions of imprisonment (involving compulsory prison labour) in cases where a strike might “expose valuable property to the risk of destruction, loss or serious injury”. The Committee noted, however, that section 37 still provided for the same sanctions for participation in strikes in essential services. The Committee notes the Government’s indication that this issue has been addressed in the context of the current labour law review. The Government indicates that the draft consolidated Employment and Industrial Relations Code, 2013 allows for the imposition of fines for the participation in peaceful strikes, while no imprisonment sanctions are provided for. The Committee encourages the Government to pursue its efforts to adopt the new Employment and Industrial Relations Code with a view to addressing the issue of penal sanctions for participation in strikes. It requests the Government to provide information on the progress made in this regard, as well as a copy of the new Code, once adopted.

Communication of texts. The Committee once again requests the Government to supply copies of laws governing political parties and associations.