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The Committee notes the Government’s reply to its 2008 observation received in September 2009 and the observations made by the Hong Kong Confederation of Trade Unions (HKCTU) on the Government’s report.
Article 3 of the Convention. Free choice of workers’ representatives. The Government indicates that it has taken into account the views expressed by the HKCTU in 2005 and that the current method of elections for returning representatives to the Labour Advisory Board (LAB) was most suitable to local circumstances and in compliance with the requirements of the Convention as applied to the Special Administrative Region of Hong Kong. It further provides indications on the activities of the Committee on the Implementation of International Labour Standards (CIILS) under the auspices of the LAB. In its observations, the HKCTU states that a review of the LAB election method had been conducted in 2006 only and that the HKCTU had not been consulted. It also contests that the distribution of voting weights in the LAB was in accordance with the Convention since a union with seven members would have the same influence as a union with 80,000 members. This constituted a systemic distortion of representativeness. Furthermore, the bloc voting method of the LAB would make it possible for the largest single group of trade unions to win every seat and in the previous LAB elections, the five worker representatives always came from the same five unions. The Committee refers to the 2000 General Survey on tripartite consultation in which it indicated that governments should endeavour to secure an agreement of all the organizations concerned in establishing the consultative procedures provided for by the Convention (paragraph 34). It further recalls that the Government and the social partners should establish procedures which ensure effective consultations in a manner that is satisfactory to all parties concerned. The Committee asks the Government to keep providing detailed information on the measures taken in order to ensure effective tripartite consultations within the meaning of the Convention, including on the manner in which the representatives of employers and workers for the purposes of the Convention are chosen (Article 3). It further requests the Government to continue to report on the consultations held by the CIILS on each of the subjects listed in Article 5 during the period covered by the next report.
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.
1. The Committee notes the Government’s report for the period ending in May 2005. It also notes the comments formulated by the Hong Kong Confederation of Trade Unions (HKCTU) in November 2004 and the Government’s reply to the said comments, which were appended to the Government’s report.
2. Tripartite consultations required by the Convention. With reference to the Committee’s previous request, the Government indicates that the latest report of the Labour Advisory Board (LAB), which will be published at the end of 2005, covers the responsibilities of the Committee on the Implementation of International Labour Standards (CIILS). During the period ending in May 2005, the CIILS met to advise on the possibility of applying new Conventions to the Hong Kong Special Administrative Region, as well as on the application of the Conventions that are already applicable to it. The Committee would appreciate receiving information in the next report about the consultations held on all the matters covered by the Convention.
3. Free choice of workers’ representatives. In its communication, the Hong Kong Confederation of Trade Unions (HKCTU) expressed the view that the current method of appointing workers’ representatives to the LAB was in violation of Article 3, paragraph 1, of the Convention. The HKCTU explains that, under the current system, 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 HKCTU considers that this election system is unfair to trade unions with a large membership base and may result in a LAB composition and in a decision-taking process which may be unfair to the most representative trade unions. In this regard, the Committee recalls that Article 3 of the Convention provides that "the representatives of employers and workers for the purposes of the procedures provided for in this Convention shall be freely chosen by their representative organizations". The Committee reminds that the principle of free choice is respected if the organizations themselves appoint their representatives directly (paragraph 44 of the 2000 General Survey on tripartite consultation). It further recalls that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse. The Committee takes note that, on this question, the Government is ready to consider the views of the HKCTU and review the method for electing workers’ members before the next LAB term begins in 2007. It therefore hopes that the Government and the social partners concerned will examine how the representatives of workers for the procedures provided for in the Convention are chosen (Articles 1 and 3) and that the Government’s next report will contain indications on the measures taken in order to implement effective tripartite consultation in the sense of the Convention.
The Committee notes the Government’s report received in September 2003. It notes that the last report on the work of the Labour Advisory Board (LAB) covering the 2001-02 period will be ready by the end of 2003. The Committee would be grateful if the Government would elicit in its next report, a summary of the latest report of the LAB on the issues listed in Article 5 of the Convention. Please continue providing information about consultations held on the matters covered by the Convention.