Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted the following legislative provisions, under which penalties of imprisonment (involving compulsory prison labour, pursuant to section 38 of the Prison Rules) may be imposed in situations covered by Article 1(a) of the Convention. The Committee noted in this regard the concern expressed by United Nations bodies about their application in practice leading to arrests and / or convictions of individuals for exercising their rights to participate in political and public life. The Committee referred to:

• printing, publishing, selling, distributing, importing, etc., of seditious publications or uttering seditious words (section 10 of the Crimes Ordinance, Cap. 200);
• various violations of the prohibition on printing and publication (sections 18(i) and 20 of the Registration of Local Newspapers Ordinance, Cap. 268; regulations 9 and 15 of the News Agencies Registration Regulations, Cap. 268A; regulations 8 and 19 of the Newspaper Registration and Distribution Regulations, Cap. 268B; regulations 7 and 13 of the Printed Documents (Control) Regulations, Cap. 268C);
• various contraventions of regulations of public meetings, processions and gatherings (sections 17A, 17B, 17E and 18 of the Public Order Ordinance, Cap. 245);
• contraventions of the National Security Law, 2020 (broad definition of offences relating to, inter alia, endangering national security).

The Committee notes the Government’s indication in its report that the application of the Convention remains unchanged and that from June 2021 to May 2024, except under the Public Order Ordinance, no convictions were recorded under any other provisions mentioned above. During the same period, five defendants were convicted and sentenced to immediate imprisonment from three months to one year and three months, under section 17A of the Public Order Ordinance. The Government reiterates that the exercise of one’s rights, including the freedom of association and the right of peaceful assembly, shall by no means be a reason or excuse for performing illegal acts. While the provisions under the National Security Law and the provisions regarding the offences related to seditious intention under the Crimes Ordinance protect the rights to express opinions or even criticize the Government’s policies, only statements with seditious intention to incite hatred against or overthrowing of the constitutional order of the country are prohibited. The national security offences stipulated under the National Security Law clearly define their elements, penalties, exceptions and defences which are aimed at preventing, suppressing and punishing acts and activities that endanger national security. The Government states that the lawful acts of objective and constructive expressions of opinions are plainly distinguishable from the unlawful acts of dissemination of extremism and hate speech. The Government further adds that the actions by the law enforcement agencies are based on evidence and strictly in accordance with the law. The judiciary makes independent prosecutorial decisions and prosecutions based on sufficient admissible evidence to support a reasonable prospect of conviction and if it is in the public interest to do so.

The Committee takes note of the explanations provided on the scope of the provisions and the manner in which they are applied by the law enforcement bodies. The Committee recalls that, while a balance needs to be struck between the protection of fundamental freedoms, on the one hand, and considerations of national interest, security and public order, on the other hand, it has emphasized that sanctions involving compulsory labour fall within the scope of the Convention where they enforce restrictions, limitations or prohibitions relating to the expression of political views or the peaceful opposition of the established political, social or economic system. Furthermore, provisions aimed at establishing legitimate restrictions to the right to freedom of expression or assembly, which are worded in vague or broad terms may lend themselves to an interpretation and application that could be incompatible with the Convention.

Furthermore, the Committee notes that, in its concluding observations of March 2023, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about: (i) the reports of arrests, detention and trials without due process of civil society actors, journalists, lawyers and other human rights defenders; (ii) the reports of a lack of transparency regarding their detention and trials; and (iii) the lack of access to lawyers during the proceedings (E/C.12/CHN/CO/3). The Committee also notes that the Office of the United Nations High Commissioner for Human Rights, in its press release of 19 November 2024, expressed grave concern at the use of the National Security Law to convict and impose harsh sentences on 45 people in the Hong Kong Special Administrative Region. It stated that beyond the large numbers of accused directly impacted by criminal proceedings, these laws have major chilling effects on others including the media, legislators, human rights defenders, lawyers, students, academia, bloggers and artists, and other parts of civil society. The High Commissioner repeatedly urged the authorities to repeal the National Security Law and, in the meantime, to suspend its application stating that such legislation must remain clear in scope and definition and only permit restrictions to human rights that are strictly necessary for a legitimate purpose, and proportionate (see also press release of 31 May 2024).

The Committee notes with concern the continued use of various provisions of the national legislation, in particular the Public Order Ordinance and the National Security Law, to prosecute and convict demonstrators and other human rights defenders, lawyers, students and journalists as a result of their work, leading to the imposition of sentences of imprisonment that entail compulsory prison labour. The Committee also refers to its observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it raises concerns in relation to the negative effect of the application of the National Security Law on the rights enshrined in that Convention.

The Committee therefore strongly urges the Government to take the necessary measures,both in law and practice, to ensure that no one who expresses political opinions or views ideologically opposed to the established political, social or economic system can be sentenced to imprisonment, under the terms of which compulsory labour is imposed. It urges the Government to review the relevant provisions of the Public Order Ordinance, the National Security Law as well as the provisions under the Crime Ordinance and other regulations mentioned above by clearly restricting the scope of these provisions to situations connected to concrete and imminent threats to public order or with the use of violence or incitement to violence. Meanwhile, the Committee requests the Government to continue to provide information on decisions issued under these provisions, in order to assess the manner in which they are used in practice. It requests in particular the Government to specifically indicate the facts that gave rise to the convictions and the penalties applied.

The Committee is raising other matters in a request addressed directly to the Government.