As stated in paragraphs 19 and 21 under Article 10 of the initial Report by Hong Kong, the detention centre programme is designed as an alternative to imprisonment for young offenders who have no deep-seated involvement in crime. It is aimed at the complete reformation and rehabilitation of the offender and the programme of strict discipline and hard work is supplemented by remedial education, counselling and statutory after care. Before being sent to a detention centre, a young offender must be found physically and mentally fit for it by a Medical Officer. The treatment involves nothing which can be described as "cruel, inhuman or degrading" and as such, does not contravene any of the provisions of the Covenant.
Article 8
132. Could specific performance of labour contract be ordered? (SR 162 Paragraph 6)
There has never been any forced labour in Hong Kong and administrative measures and social practices have proved sufficient safeguard against such labour. There is no specific legislation in force in this respect in Hong Kong and the introduction of such legislation is considered unnecessary.
Any remote possibility of exacting forced labour has been further minimised by provisions of the Employment Ordinance (Cap. 57) and the Employment Agency Regulations made thereunder, which govern the obtaining or supply of labour, and the operation of employment agencies, whether their procurement of workers are for employment with Hong Kong or under an overseas contract.
In cases of breach of a labour contract, the courts will not order specific performance.
132. Is civil procedure or labour law applied to labour disputes and if the latter, what is the role of the trade unions? Paragraph 6)
(SR 162
In Hong Kong, labour laws apply to trade disputes. These laws are the Employment Ordinance, Labour Relations Ordinance and Labour Tribunal Ordinance. The Employment Ordinance makes provisions for the manner of termination of contracts of employment, rest days, annual leave, maternity leave, end of year payment, severance payments, long service payment, sickness allowances, protection of wages, protection against acts of anti-union discrimination, etc.
The Labour Relations Ordinance provides machinery for ordinary conciliation, special conciliation, voluntary arbitration and boards. of inquiry for settling trade disputes.
The first attempt to settle a trade dispute is by conciliation. dispute may be referred, in the first instance, to the Labour Relations Service of the Labour Department for ordinary conciliation. If such conciliation does not bring about a settlement, the Commissioner for Labour may appoint a special conciliation officer to undertake conciliation. If special
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