Article 21
81. There are no restictions in Hong Kong on the right of peaceful assembly other than those prescribed by law in the interests of the Community as a whole, and for the protection of the rights and freedom of others. However, notice of large meetings and processions must be given to the Commissioner of Police, who then has the power to refuse to allow, or to issue conditions to regulate, such. The conditions are concerned generally with the protection of public order and safety and the route, venue and use of sound amplifiers.
Article 22
82.
Part IV A of the Employment Ordinance Cap. 57, confers various rights on employees, including
(a) the right to be and to become a member or an officer of a trade union registered under the Trade Unions Ordinance;
(b) the right to take part in the activities of a trade union of which he is a member or an officer; and
(c) the right to associate with other persons for the purpose of forming or applying for the registration of a trade union
83. These provisions enable Hong Kong to comply with International Labour Convention No. 98 (Right to Organise and Collective Bargaining Convention, 1949). International Labour Convention No. 87 (Freedom of Association and Protection of the Right to Organise, 1948) have also been applied to Hong Kong, though minor modifications are required in applying the provisions under Articles 3, 5 and 6 of the Convention to suit local circumstances. Hong Kong also complies with the provisions of International Labour Convention No. 151 (Labour Relations (Public Service) Convention, 1978), which accords civil servants the right to freedom of association.
84. The Hawker Control Force was disbanded on 1 April 1979 and the reference to it in the First Report relating to restriction on its members to join trade union should be deleted.
85.
Traffic wardens who come under the administration of the Royal Hong Kong Police Force, are required by section 59(6) of the Road Traffic Ordinance (Capt. 374) to obtain the consent of the Commissioner of Police before they may join any trade union. other employees are free to join any trade union. All other employees are free to join trade unions of their own choice.
All
86. No attempt has been or will be made by the Government to take legislative measures which would prejudice, or apply the law in such manner as to prejudice. the guarantees provided for in International Labour Convention No. 98 and 151 and those in Convention No. 87 which have been accepted in Hong Kong.
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