Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Migration for Employment Convention (Revised), 1949 (No. 97) - China - Hong Kong Special Administrative Region (Ratification: 1997)

The Commission takes note of the information supplied by the Government in its first report.

1. Article 6, paragraph 1. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraphs 20-23 and 658 of the General Survey of 1999 on migrant workers).

2. In this context, the Committee would be grateful if the Government would give detailed information on the situation of foreign domestic workers (which are mainly women) and on any monitoring mechanisms to prevent abuse against them. The Committee would appreciate if the Government would supply up-to-date information on their situation with respect to maternity protection under Article 6(b) of the Convention. Moreover, the Committee would appreciate receiving further information on the new conditions of stay (NSC) implemented by the Government and its impact on the situation of the foreign domestic workers. Considering that, according to the NSC, foreign domestic workers are required to leave Hong Kong within two weeks of the termination date of their contract, the Committee asks the Government to indicate whether, and by what means, migrant workers have a right of access to legal recourse that is no less favourable than that available to nationals, for example if they wish to challenge a decision of unfair dismissal.

3. The Committee asks the Government to provide statistical data concerning foreign workers employed in Hong Kong and to communicate the results of the relevant activities of the labour inspection services, in accordance with the provisions of the Convention. The Committee also asks the Government to state whether courts of law or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.