Labour Advisory Board Report 2007-2008 Chapter 6. Committee on the Implementation of International Labour Standards
6.1 Introduction

  In 1976, the International Labour Conference adopted the Tripartite Consultation (International Labour Standards) Convention (No.144) which aims to promote tripartite consultations among governments, employers and workers on matters related to the formulation, review and implementation of international labour standards. This Convention was applied to Hong Kong with modification in 1978. In relation to the application of this Convention, the Committee on the Implementation of International Labour Standards (CIILS) was set up in the same year on the advice of the Labour Advisory Board.

6.2 Terms of Reference

  The committee is established to:
  • advise on appropriate declarations to be made in respect of the application of international labour Conventions in the Hong Kong Special Administrative Region (HKSAR);
  • advise on appropriate measures to be taken to promote the implementation of, or where appropriate, to improve the declarations in respect of, international labour Conventions with the declaration of "applied with modification";
  • advise on questions arising out of the reports to be made to the International Labour Office; and
  • advise on government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the conference.
6.3 Composition

  Members of the CIILS are appointed by the Commissioner for Labour. The composition of the committee for the term 2007-2008 is as follows:

Chairman:    Deputy Commissioner for Labour (Labour Administration)
Members:
  • Three employer representatives from the Labour Advisory Board
  • Three employee representatives from the Labour Advisory Board
  • Senior Labour Officer (Development)
Secretary: A Labour Officer of the Labour Department

The membership list of the CIILS for the term 2007-2008 is at Appendix III.

6.4 Activities during the 2007-2008 Term

  During the 2007-2008 term, the CIILS undertook the following activities:

Reports on the International Labour Conventions (ILCs)

In accordance with Article 22 of the Constitution of the International Labour Organisation, the HKSAR is required to submit reports on the application of the ILCs as requested by the International Labour Office. Reports on 10 and nine ILCs were submitted respectively in 2007 and 2008. The reports were communicated to committee members for comment before they were forwarded to the International Labour Office.

A list of reports on the ILCs which were considered by the CIILS during the 2007-2008 term is at Appendix VII.

Consultations on the application of the ILCs in the HKSAR

During the 2007-2008 term, the CIILS advised on the feasibility of applying the Equal Remuneration Convention, 1951 (No.100) and Discrimination (Employment and Occupation) Convention, 1958 (No.111). Given that the existing legislation and administrative arrangements may not be able to satisfy all the provisions of these two Conventions, the committee agreed that Convention Nos.100 and 111 should not be applied to the HKSAR at this stage.

Application of the ILCs in the HKSAR

As at 31 December 2008, a total of 41 Conventions were applied to the HKSAR. Among them, 28 were applied without modification (i.e. all provisions of a Convention were fully implemented) and 13 were applied with modification (i.e. a Convention was implemented with modifications in some provisions to suit local conditions).