TNAG-2859-FCO40-4113-Application-of-the-International-Covenant-on-Civil-and-Polit-1993 — Page 16

Why is the government so reluctant to recognize these rights? Various reasons have been given. But at the bottom,they only manifest a lack of commitment to achieve distributive justice as implied by these rights. The real motive, we believe, is to preserve the systematic exploitation of Hong Kong's wealth by the privileged ruling elites, who are empowered to make laws.

Comparing to our neighbouring countries, Hong Kong's obstacles to realize the economic rights is not a matter of scarcity of resources, but the concentration of wealth in the hands of the elites. For the past decade, while enjoying a steady economic growth of 7% per year, Hong Kong people have seen a widening gap between the rich and the poor. In 1991 the Gini Coefficient is 0.48 as compared to 0.43 in 1971, reflecting an increase in the income disparity. According to the World Development Report 1992, it is indicated that Hong Kong ranks the highest among industrialized states as regard to inequality in distribution of income among families of the five income levels. The top income group, which constitute 20% of the population has an income share to 52.8% while the bottom 20% has a share of 6.2%. The impact of the inequality is that until now, the vast majority of Hong Kong people are denied most of the provisions under the ICESCR. 80% of our population are not protected by any retirement schemes, the provision of social security is far below the standards stipulated by ILO Convention 102 on Minimum Standards of Social Security (1952). Even though UK is a States party to this convention, the convention was not extended to Hong Kong. For the past ten years grassroots groups and Unions have been campaigning for a comprehensive social security system where contributory pension, unemployment schemes should be developed, but until this report is prepared, nothing has been achieved.

While the government is paying lip service to uphold the political rights of the Hong Kong people under the Bill of Rights, the social and economic rights has yet to be realized.

4.2 Freedom of Association and Protection of the Right to Organize

According to the Report of Hong Kong Government, the provision 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.

The array of legislation gives the impression that the rights set forth in this convention are adequately protected with legal means. In reality, freedom to form organizations and to take collective actions are heavily limited with the imposition of various restrictions in each of the ordinances aforementioned. We will emphasize on the situations of the rights of trade unions in the following discussion.

9