Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee takes note of the report of the Government. It notes that the review of the Trade Unions Ordinance, to which the Government referred in its previous report, has now been completed. It observes that among the issues examined in the course of the review was the possibility that trade unions should be given the right to appeal to the courts against a decision by the Registrar to refuse to register new rules or amendments to existing rules. The Government considers that certain of the proposals emanating from the review could have long-term implications for the political, economic and social situation in Hong Kong and that as such they require further consideration. The Committee notes with regret that the Government also considers that since there have never been any complaints against decisions of the Registrar to refuse to register new rules or amendments to existing rules, there is no urgent need to introduce this particular amendment at this stage.

The Committee must again point out that it is essential for purposes of Article 2 of the Convention that unions should have such a right of appeal as a safeguard against any unlawful or ill-founded decision (see paragraphs 117 and 118 of its 1983 General Survey).

The Committee asks the Government:

(a) to indicate whether it regards the proposed right of appeal against refusals to register new rules or changes to existing rules as one of the matters which could have such long-term implications for the political, economic and social situation in Hong Kong as to require further consideration and, if so, why;

(b) to indicate whether it considers that decisions of the Registrar in relation to new rules or changes to existing rules are subject to judicial review by means of prerogative orders;

(c) to keep it informed of developments in the situation, and

(d) to supply a copy of the new legislative texts if and when they are adopted.