Report on Hong Kong Legislative Council’s New Trade Union Ordinance Amendment

Introduction

On June 25, 2025, the Hong Kong Legislative Council passed a law amending the Trade Union Ordinance. This amendment bans individuals convicted of national security offences from creating or holding leadership positions within trade unions. The legislation introduces a lifetime ban on union organizing for these offenders and imposes new transparency requirements regarding foreign financial contributions to unions.

Details of the Amendment

1. Lifetime Ban for National Security Offenders: Individuals convicted under national security laws are prohibited for life from:
   • Holding leadership positions in any trade union
   • Registering new trade unions
2. Comparison with Other Offences: Offenders convicted of fraud or membership in criminal organizations face a 5-year ban.
3. Financial Transparency: Trade unions must disclose any financial contributions received from foreign actors.
4. Non-overridable Ban: The ban cannot be overruled by the Chief Executive of Hong Kong.

Context and Controversies

The national security offences referenced are defined by the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, enacted by China following the 2019-2020 protests in Hong Kong. This law has been widely criticized for being:

• Arbitrary and ill-defined
• Overbearing in scope
• Used as a tool to suppress political opposition

Impact on Civil Society and Trade Unions

The amendment is part of a broader crackdown on civil society organizations in Hong Kong, particularly trade unions. Key points include:

• Since 2019, numerous union organizers have fled or been arrested due to their involvement in protests and activism.
• In 2021, the Hong Kong Confederation of Trade Unions (HKCTU), the largest pro-democracy union confederation with approximately 145,000 members across 93 unions, was forced to disband under political pressure.
• The EU System for an Enabling Environment for Civil Society (EUSEE) issued early warnings about the proposed amendments, expressing concerns about the erosion of civil society freedoms.

Government Position

The Hong Kong government asserts that the amendment is necessary to safeguard national security and claims it will not affect “law-abiding trade unions.” The new law is scheduled to take effect on January 6, 2026.

Emphasis on Sustainable Development Goals (SDGs)

Relevant SDGs Addressed by the Amendment and Its Context

1. SDG 16: Peace, Justice and Strong Institutions
   • The legislation aims to strengthen national security institutions but raises concerns about the potential suppression of civil liberties and freedom of association, which are critical to peaceful and inclusive societies.
   • Restrictions on union leadership may undermine inclusive decision-making and justice for workers.
2. SDG 8: Decent Work and Economic Growth
   • Trade unions play a vital role in promoting decent work conditions and protecting workers’ rights.
   • The lifetime ban on union leadership for national security offenders could weaken labor representation and affect workers’ welfare.
3. SDG 17: Partnerships for the Goals
   • New transparency requirements regarding foreign funding aim to ensure accountability and integrity in civil society partnerships.
   • However, these measures may also restrict international cooperation and support for local unions.

Conclusion

The amendment to the Trade Union Ordinance in Hong Kong reflects a complex balance between national security concerns and the protection of civil society freedoms. While aiming to safeguard peace and security (SDG 16), the law poses challenges to the rights of workers and the functioning of trade unions (SDG 8). Transparency measures relate to fostering accountable partnerships (SDG 17), yet the broader implications for democratic participation and social justice remain a subject of international scrutiny.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses legislation related to national security, civil society freedoms, and union rights, which are directly linked to promoting peaceful and inclusive societies, access to justice, and accountable institutions.
2. SDG 8: Decent Work and Economic Growth
   • The restrictions on union leadership and organizing impact labor rights and the ability of workers to organize, which relates to promoting sustained, inclusive economic growth and decent work for all.
3. SDG 10: Reduced Inequalities
   • The suppression of unions and civil society organizations can exacerbate inequalities by limiting workers’ representation and voice, which is relevant to reducing inequalities within and among countries.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels — the article highlights concerns about arbitrary and ill-defined laws undermining institutional accountability.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making — the law’s impact on union leadership and civil society participation is relevant here.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms — the restrictions on unions and civil society organizations affect freedoms of association and expression.
2. SDG 8 Targets
   • Target 8.8: Protect labor rights and promote safe and secure working environments for all workers — the ban on union leadership for national security offenders and forced disbanding of unions directly affect labor rights.
3. SDG 10 Targets
   • Target 10.2: Empower and promote the social, economic and political inclusion of all — restrictions on union organizing and civil society participation hinder inclusion.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services — implied by concerns about institutional accountability and arbitrary laws.
2. Indicator 16.7.2: Proportion of positions in national and local institutions, including unions, held by members of civil society — relevant to the ban on union leadership positions for certain individuals.
3. Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates — implied by arrests and crackdowns on union organizers.
4. Indicator 8.8.2: Level of national compliance with labor rights as measured by International Labour Organization (ILO) conventions — the forced disbanding of unions and restrictions on union activities relate to this indicator.
5. Indicator 10.2.1: Proportion of people living below 50 per cent of median income, by sex, age and persons with disabilities — indirectly related as restrictions on unions can affect economic inclusion and inequality.

4. Table of SDGs, Targets and Indicators

Source: jurist.org