The United States Department of State released its latest “Trafficking in Persons Report” on the 24th, ranking Hong Kong down to the “Tier 2 Watch List” alongside countries like Nepal, the Republic of Congo, and Laos. While the number of trafficking victims in Hong Kong has decreased compared to the previous report, the city has not convicted any labor traffickers for the fifth consecutive year and the sentences for sex trafficking offenders are deemed insufficient. The report suggests that Hong Kong has not yet met the minimum standards for eliminating human trafficking. The Hong Kong government strongly opposes this assessment, as mentioned in a statement released early this morning.
The report highlights that Hong Kong’s laws do not criminalize all forms of human trafficking, leading authorities to rely on charges related to offenses like prostitution, illegal immigration, illegal employment, and physical abuse. The identification of trafficking victims remains inadequate, and there are concerns that victims might be arrested and deported for immigration and prostitution-related offenses. In 2023, the Hong Kong government did not conduct any human trafficking investigations, and even in the previous report, it only mentioned ongoing investigations into cases of Hong Kong citizens being deceived into fraudulent activities in Southeast Asia.
Specifically, the report mentions that foreign domestic workers in Hong Kong still face high risks of trafficking, with the government failing to take sufficient measures to protect them. Foreign domestic workers may be exploited by employers or employment agencies, with some agencies charging fees, confiscating passports, and even providing loans to workers. However, there is a lack of government regulation on these issues, resulting in exploitation of foreign workers.
Although the police have specialized units to investigate trafficking and exploitation of foreign domestic workers, and designated contact points within relevant government departments, the report indicates that civil society organizations have faced challenges in contacting these designated departments or individuals when attempting to refer victims to law enforcement. Additionally, reports from civil society organizations reflect that government officials have not effectively followed up on cases related to human trafficking.
The report also mentions that since the implementation of the National Security Law by the Chinese Communist Party in June 2020, any criticism of the government or its policies in Hong Kong could be construed as supporting separatism, subversion, or incitement against the government, leading to increased restrictions on freedom of speech. NGOs and other civil society organizations have noted the need for more caution when engaging with the government, even in discussions related to human trafficking. Furthermore, following the enactment of the National Security Law in March this year pursuant to Article 23 of the Basic Law, civil society organizations have reported facing similar constraints.
The report presents several recommendations for Hong Kong, including improving the quality of identifying trafficking victims, criminalizing all forms of trafficking in line with the definition in the United Nations Trafficking in Persons Protocol. It also suggests that the Hong Kong government should enhance support for trafficking victims by providing shelters, counseling, medical services, and continued collaboration with NGOs.