Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Hong Kong Special Administrative Region (Ratification: 1997)

The Committee notes the Government's report and the decisions by the Committee on Freedom of Association in Case No. 1553 (277th and 281st Reports, approved by the Governing Body at its 249th and 252nd Sessions, February-March 1991 and 1992).

1. Article 7 of the Convention. The Committee takes note of the information provided by the Government in reply to its previous observation, and requests it to provide in its future reports information on the functioning, in practice, of the consultation and collective bargaining machinery.

2. Articles 5(2) and 8. The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1553, which concerned a complaint of violations of freedom of association made by various postal unions.

The Committee recalls in this respect that, under Article 5(2) of the Convention, public employees' organisations should "enjoy adequate protection against any acts of interference by a public authority in their ... functioning or administration" and that under Article 8, the settlement of disputes should be sought "through negotiation between the parties or through independent and impartial machinery ..., established in such a manner as to ensure the confidence of the parties involved".

The Committee trusts that in future, these principles will be applied for the settlement of disputes in the public service, so as to ensure the confidence of the parties involved.