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Report for the period 1 Julv 1990 to 30 June 1992 on the application in Hong Kong of the
FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION 1948 (NO.87)
which was ratified by the United Kingdom on 27 June 1949
This convention has been applied to Hong Kong with modification by an improved declaration in respect of Articles 3, 5 and 6 registered by the International Labour Organisation (ILO) on 4 June 1979. The previous modification was registered on 15 October 1963. Details of the current modifications are set out in the answers to Articles 3, 5 and 6.
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This is a full report by the Government of Hong Kong. It supersedes all previous reports on the application of this convention. The requests made by
Committe of Experts in its Observation addressed to in 1992 on this convention have been fully dealt with in
the Governments this report.
QUESTION I
Subject to the modifications registered with the ILO in respect of Articles 3, 5 and 6, the provisions of this convention are applied by :
(a) the Hong Kong Bill of Rights Ordinance, Chapter 383
(b) the Trade Unions Ordinance, Chapter 332, and the Trade
Union Registration Regulations made thereunder;
(c) the Societies Ordinance, Chapter 151, and the Societies
Rules made thereunder; and
(d) the Labour Relations Ordinance, Chapter 55.
A copy
of (a) is attached to the report on Convention No. 105 for the period ending 30 June 1991.
30 June 1991. Three copies of (b) were attached to the report on Convention No. 141 for the period ending 30 June 1985. Subsequent amendments were attached to the report on this convention for the period ending 30 June 1988. Three copies of (c) and (d) were attached to the report on Convention No. 105 for the period ending 30 June 1985. Subsequent amendments of (c) are attached to the report on this convention for the
the period ending 30 June 1990 and the latest amendments are attached herewith.
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- QUESTION II
Article 2
Section 8, Article 13 of the Hong Kong Bill of Rights Ordinance stipulates that "everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. This provides a guiding principle governing the right of a person to freedom of association with others in Hong Kong.
Under the Trade Unions Ordinance, any combination of workers or of employers which has the principal objects of regulating of relations between employees and employers, or between employees and employees or between employers and employers is required to be registered. This ordinance and the Trade Union Registration cover matters relating to the
registration
regulation of their internal administration.
Regulations made thereunder
of trade unions and the