Information on trade unions and Hong Kong National Security Law
Introduction
The Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the People’s Republic of China and a local administrative region which enjoys a high degree of autonomy and comes directly under the Central People’s Government. Safeguarding national sovereignty, security and development interests is the constitutional duty of HKSAR and concerns every Hong Kong citizen.
The social organisations referred in Articles 9 and 10 of Hong Kong National Security Law include trade unions registered under the Trade Unions Ordinance. The Registry of Trade Unions (RTU) of the Labour Department shall undertake education, public communication, guidance, supervision and regulation over matters concerning national security relating to registered trade unions.
Trade unions must abide by the laws
Article 6 of Hong Kong National Security Law provides that it is the common responsibility of all the people of China, including the people of Hong Kong, to safeguard the sovereignty, unification and territorial integrity of the People’s Republic of China. Any institution, organisation or individual in the HKSAR shall abide by this Law and the laws of the Region in relation to the safeguarding of national security, and shall not engage in any act or activity which endangers national security.
Promoters of trade unions intending to apply for registration under the Trade Unions Ordinance are required to sign a declaration confirming that all the purposes and objects of the trade union are lawful, and that the union will not perform or engage in any acts or activities that may endanger national security or otherwise be contrary to the interests of national security and/or are in contravention of the Trade Unions Ordinance, its subsidiary legislation and other relevant laws of Hong Kong. Pursuant to the Trade Unions Ordinance, if a trade union does not comply with any of the provisions in the Trade Unions Ordinance or its subsidiary legislation, or if any of the purposes of the trade union is unlawful, the Registrar of Trade Unions may refuse to register the trade union.
The operations of a trade union should be in compliance with the Trade Unions Ordinance and its registered rules. If a trade union contravenes the Trade Unions Ordinance or its rules, RTU will follow up stringently and does not preclude cancellation of the trade union’s registration in case of serious non-compliance. Furthermore, RTU would refer cases of suspected contravention of other laws of Hong Kong, including Hong Kong National Security Law, by trade unions to relevant law enforcement agencies for follow-up actions.
Reference materials
To enhance the understanding of trade union officials and staff about the Law of Hong Kong National Security Law, their awareness of national security and their obligation to abide by the law, RTU provides the following information relevant to Hong Kong National Security Law and national security for reference of promoters of trade unions intending to apply for registration, and officers and staff of registered trade unions:
The Hong Kong Special Administrative Region (HKSAR) is an inalienable part of the People’s Republic of China and a local administrative region which enjoys a high degree of autonomy and comes directly under the Central People’s Government. Safeguarding national sovereignty, security and development interests is the constitutional duty of HKSAR and concerns every Hong Kong citizen.
The social organisations referred in Articles 9 and 10 of Hong Kong National Security Law include trade unions registered under the Trade Unions Ordinance. The Registry of Trade Unions (RTU) of the Labour Department shall undertake education, public communication, guidance, supervision and regulation over matters concerning national security relating to registered trade unions.
Trade unions must abide by the laws
Article 6 of Hong Kong National Security Law provides that it is the common responsibility of all the people of China, including the people of Hong Kong, to safeguard the sovereignty, unification and territorial integrity of the People’s Republic of China. Any institution, organisation or individual in the HKSAR shall abide by this Law and the laws of the Region in relation to the safeguarding of national security, and shall not engage in any act or activity which endangers national security.
Promoters of trade unions intending to apply for registration under the Trade Unions Ordinance are required to sign a declaration confirming that all the purposes and objects of the trade union are lawful, and that the union will not perform or engage in any acts or activities that may endanger national security or otherwise be contrary to the interests of national security and/or are in contravention of the Trade Unions Ordinance, its subsidiary legislation and other relevant laws of Hong Kong. Pursuant to the Trade Unions Ordinance, if a trade union does not comply with any of the provisions in the Trade Unions Ordinance or its subsidiary legislation, or if any of the purposes of the trade union is unlawful, the Registrar of Trade Unions may refuse to register the trade union.
The operations of a trade union should be in compliance with the Trade Unions Ordinance and its registered rules. If a trade union contravenes the Trade Unions Ordinance or its rules, RTU will follow up stringently and does not preclude cancellation of the trade union’s registration in case of serious non-compliance. Furthermore, RTU would refer cases of suspected contravention of other laws of Hong Kong, including Hong Kong National Security Law, by trade unions to relevant law enforcement agencies for follow-up actions.
Reference materials
To enhance the understanding of trade union officials and staff about the Law of Hong Kong National Security Law, their awareness of national security and their obligation to abide by the law, RTU provides the following information relevant to Hong Kong National Security Law and national security for reference of promoters of trade unions intending to apply for registration, and officers and staff of registered trade unions:
- Full text of the Constitution of the People's Republic of China
- Full text of the Basic Law
- Full text of Hong Kong National Security Law
- Pamphlets on Hong Kong National Security Law
- National Security Education Day
- Exhibition of the Third Anniversary of the Promulgation of the Hong Kong National Security Law
- Seminar on Hong Kong National Security Law for Trade Unions organised by RTU
- Leaflet on “Understanding the Relationship between the Hong Kong National Security Law and Trade Unions”