HKSAR Government rejects findings in US Trafficking in Persons Report
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"We much regret that the 2017 Report has once again failed to give a fair and objective assessment on Hong Kong's regime for combating trafficking in persons (TIP)," the spokesman said. "There are inaccurate descriptions of our work, and groundless assumptions (including that Hong Kong is a destination, transit and source territory for men, women and children subjected to sex trafficking and forced labour) which led to the unfair conclusions. The relatively small number of victims identified attests to the fact that TIP is not prevalent in Hong Kong."
Multiple legislative provisions against TIP have served Hong Kong well
"The 2017 Report has continued to display misunderstanding about our legislative framework against TIP and protection for foreign domestic helpers (FDHs) from exploitation, despite our repeated clarifications and explanations.
"We have reiterated on many occasions to our US counterparts that Hong Kong addresses TIP through various pieces of legislation, encompassing offences such as physical abuse, false imprisonment, criminal intimidation, unlawful custody of personal valuables, child abduction, child pornography and exploitation of children, and illegal employment. Some of the offences attract penalties of up to life imprisonment. In addition, we have been taking vigorous enforcement actions against employers in breach of various labour legislations in seeking to protect the rights of workers, including FDHs, particularly in respect of withholding of wages and non-granting of rest days or statutory holidays. The Palermo Protocol concept of TIP has also been incorporated into the Prosecution Code issued by the Department of Justice (DoJ) in September 2013. The 'multiple-legislation' approach has served Hong Kong well," the spokesman explained.
"In 2016, the Hong Kong Police Force conducted a total of 219 anti-vice operations involving 5 692 premises. There were 28 convictions on various offences relating to sex trafficking under the Crimes Ordinance (Cap. 200), including trafficking in persons to or from Hong Kong (section 129), control over persons for purpose of unlawful sexual intercourse or prostitution (section 130), causing prostitution (section 131) and living on earnings of prostitution of others (section 137)," the spokesman added.
Protection for FDHs
The Government spares no effort in safeguarding the rights and benefits of over 360 000 FDHs in Hong Kong. FDHs enjoy the same statutory protection under the labour law as local employees and they are further protected through the government-prescribed Standard Employment Contract. The Government maintains close liaison with the governments of FDHs' home countries and their consulates-general in Hong Kong for information sharing and collaboration. The Labour Department (LD) has also launched a string of publicity and promotional programmes in raising FDHs' awareness of their rights and channels for seeking redress. To tighten the regulation of employment agencies (EAs), the LD has stepped up inspections of local EAs. Since 2016 and till now, the LD has conducted nearly 2 000 inspections of EAs that place FDHs in Hong Kong. With more FDHs willing to come forward to report and assist in investigation, the LD successfully prosecuted eight EAs in 2016 and five EAs so far this year, and refused to renew or revoked five EA licences so far since 2016. FDHs who feel aggrieved should come forward to report their cases to the authorities so that prompt actions could be taken.
Enhancements in 2016 and 2017
Although TIP is not prevalent in Hong Kong, the HKSAR Government has stepped up anti-TIP measures in 2016 and 2017, including:
* Introducing a new mechanism (with an expanded scope) for TIP victim screening and identification by the Police and the Immigration Department (ImmD). Since March 2017, the Customs and Excise Department (C&ED) has also implemented a TIP victim screening mechanism. Assistance in the form of urgent interference, shelter, medical care, counselling, financial assistance and more was provided to victims;
* To enhance inter-departmental co-operation, the Security Bureau (SB) issued a Guideline on Inter-departmental Cooperation for the Handling of Suspected Cases of Trafficking in Persons to set out the principles and procedures of inter-departmental collaboration on the handling of potential TIP cases;
* ImmD grants visa fee waiver to FDHs established as victims of criminal cases who need to stay in Hong Kong to act as prosecution witnesses in legal proceedings instituted by the Police. The visa fee waiver arrangement has been extended to cover FDHs acting as prosecution witnesses for ImmD and the LD;
* To promote professionalism and quality service of the industry, the LD promulgated the Code of Practice for EAs (the Code), including those involved in placement of FDHs, to follow in January 2017. The Code specifies, inter alia, that EAs should not keep any personal property, including identification documents of FDHs (e.g. passports) or they may be held liable for breaching the law. It also stipulates that EAs should not get involved in financial affairs of job seekers. EAs failing to comply with the Code may risk their licences being revoked or refused for renewal. An amendment bill will be introduced into the Legislative Council on June 28, 2017, to increase the maximum penalty for EAs overcharging job seekers or operating without a licence from $50,000 to $350,000 and imprisonment of three years, and to extend the scope of the overcharging offence to the management as well as persons employed by the EAs with a view to raising the deterrent effect. It will also provide a legal basis for the Code;
* In order to oversee and co-ordinate cases involving TIP issues handled or submitted by various law enforcement agencies for legal advice, a designated desk to handle these cases for such a purpose has been assigned by the Prosecutions Division of the DoJ in April 2017; and
* As a continued effort to promote the awareness of FDHs and employers of their respective employment rights and obligations as well as the points to note when engaging EAs' services, the LD launched respectively in April 2016 and January 2017 a one-stop online FDH Portal and a dedicated EA Portal. In addition to Chinese and English, some webpages in both portals are also available in three major mother languages of FDHs, namely Tagalog, Indonesian and Thai. FDHs may read the information therein anywhere and at any time either before or after their arrival in Hong Kong.
Training and international exchange
In 2016, over 1 000 government officials from the SB, the DoJ, the Police, ImmD, the LD, the C&ED and the Social Welfare Department received anti-TIP training. Departments have already included the theme into their induction training. The Government co-operates with other jurisdictions, including Australia, the United States and the European Union, and non-governmental organisations to provide specialised training on TIP to officers. The departments concerned actively participate in international conferences and workshops for intelligence exchange and experience sharing on the best practices to combat TIP.
"TIP is not tolerated in Hong Kong. Our comprehensive framework, vigorous enforcement efforts, independent judiciary, rule of law and clean government place us on a solid footing to combat TIP and related offences. The 2017 Report, however, has once again drawn an unfair and biased conclusion on Hong Kong's anti-TIP efforts," the spokesman said. "If our anti-TIP efforts and the concrete outcome are given due attention in any objective assessment, it would definitely lead to a more objective and fairer grading on Hong Kong."
Ends/Tuesday, June 27, 2017
Issued at HKT 23:03
Issued at HKT 23:03
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