The Hong Kong authorities continue to use discretionary powers under the Trade Union Ordinance and the National Security Law to dismantle the trade union movement. This ordinance and the law grant wide discretionary powers to the Registrar of Trade Unions to scrutinize trade union by-laws, activities and finances, to inspect trade union accounts, and to refuse registration or to de-register a trade union.
Since May 2021, the authorities have been abusing the Trade Union Ordinance to open deregistration proceedings against independent trade unions while simultaneously demanding an excessive amount of information from trade union organisations – and this in a manner that unreasonably intrudes into trade union confidentiality.
On 23 July 2021, the Registrar of Trade Unions summoned the General Union of Hong Kong Speech Therapists (GUHKST) to provide, before the deadline of 13 October 2021, detailed information about its activities. The authorities specifically demanded full details of the union’s participation in the public assembly on 12 January and 19 January 2020. These assemblies were calling for international pressure and sanctions over the suppression of the 2019 protests. The union was also asked to provide full information on its participation in the trade union referendum, joined by 33 unions, to collect members’ opinions on the passing of the National Security Law on 20 June 2020, specific speeches made by the union, as well as the union goals posted on its website declaring support for public justice, human rights and universal values. Simultaneously, the Registrar has opened de-registration proceedings against the GUHKST, based on the alleged suspicion that the union is being used for an “unlawful purpose or purpose inconsistent with its objects”.
On 3 September 2021 the Registrar of Trade Unions summoned the Hospital Authority Employees’ Alliance (HAEA). The authorities demanded that the union specify the funding, decision-making procedures and the role of the individual office bearers in relation to public activities carried out by HAEA, including a strike to demand occupational safety and health measures for its members in the public hospitals, HAEA public calls about the digital security of the government’s COVID-19 track app, the letter writing campaign for Winnie Yu in 2021, and HAEA’s public activities on the anniversary of the 2019 protests and 4 June commemorations in 2021.
The HAEA submitted replies that its activities were in line with the union goals and they should be protected under the Basic Law and ILO Convention No. 87. However, simultaneously, the Registrar opened de-registration proceedings against the HAEA.
