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Report of the Commissioner for Labour 2000

Chapter 4 : International Labour Affairs

International Instruments Setting Out Labour Standards
4.1 A number of international instruments set out labour standards. The most important of them are the international labour Conventions set by the International Labour Organization. The international labour Conventions prescribe standards to be modelled on by International Labour Organization member States. Other international instruments touching on labour standards, albeit to a much smaller extent, include the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.

4.2 A set of labour legislation has been enacted which, supplemented by administrative measures, enables the Hong Kong Special Administrative Region to give effect to internationally accepted standards. An illustrative example is maternity protection. The Employment Ordinance has specific provisions providing pregnant employees with maternity leave and pay, protection against dismissal and protection against health hazards at work. These provisions enable the Hong Kong Special Administrative Region to apply the relevant international instruments concerning protection for women employees. Through improvements made to the labour legislation and administrative measures, the Hong Kong Special Administrative Region has been able to keep abreast with the latest developments in labour administration and maintains a level of labour standards broadly equivalent to those of neighbouring countries with similar economic development as well as social and cultural backgrounds.

Hong Kong Special Administrative Region and the International Labour Organization
4.3 In accordance with the Basic Law, the provisions of the international labour Conventions as applied to Hong Kong before the return of sovereignty shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region. The Hong Kong Special Administrative Region may participate in International Labour Organization activities, either as members of delegations of the People's Republic of China or, for activities which are not limited to states, on its own using the name 'Hong Kong, China'.

4.4 In 2000, the Hong Kong Special Administrative Region participated in a variety of International Labour Organization activities, the most notable one being the International Labour Conference, to which the Hong Kong Special Administrative Region has sent a tripartite team annually since 1986. A team of eight members comprising four government officials, two employer representatives and two employee representatives attended the conference in the capacity as advisers to the People's Republic of China Delegation during May to June 2000 in Geneva, Switzerland. In addition, the Hong Kong Special Administrative Region also took part in two International Labour Organization regional meetings/ seminars.

4.5 The Hong Kong Special Administrative Region also maintained regular contacts with the International Labour Organization in other realms. In 2000, the department invited the International Labour Organization Regional Director for Asia and the Pacific and the Director of the International Labour Standards Department to visit Hong Kong under the Sponsored Visitors' Programme co-ordinated by the Information Services Department. Besides, we also keep active liaison with the International Labour Organization Regional Office for Asia and the Pacific and the International Labour Organization Beijing Office in technical co-operation. With technical assistance from the International Labour Organization and professional support of the specialists of the International Labour Organization East Asia Multidisciplinary Advisory Team, the department organised three training programmes in 2000. In addition, the department also served as host and received visitors from various Asian countries under the International Labour Organization fellowship programmes.

4.6 The Hong Kong Special Administrative Region aims at applying relevant international labour Conventions as the local circumstances allow. Notifications of application are registered with the International Labour Organization through the Central People's Government. As at the end of 2000, the Hong Kong Special Administrative Region applied 40 international labour Conventions, with or without modification. Among them, the Minimum Age Convention, 1973 (No. 138), which came into force on 28 April 2000, was the first Convention applicable to the Hong Kong Special Administrative Region after the People's Republic of China's resumption of sovereignty. A list of these 40 international labour Conventions applied in the Hong Kong Special Administrative Region is at Appendix III.