Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

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.