The report pointed out that although the number of victims from human trafficking in Hong Kong has decreased compared with the previous report, with no labor traffickers being convicted for the fifth consecutive year, and the sentences for convicted sex trafficking perpetrators also insufficient, it believes that Hong Kong has not yet reached the minimum standards set as goals of eliminating human trafficking. Against such accusations, the Hong Kong government issued a statement expressing its “strong opposition.”
The U.S. State Department stated in the report that because Hong Kong’s laws do not criminalize all forms of human trafficking, Hong Kong authorities can only rely on prosecutions of “prostitution,” “illegal entry,” “illegal employment,” and “physical abuse” as de facto human trafficking-related offenses.
At the same time, identification of victims in human trafficking is still insufficient, as they may also be arrested and deported by the Hong Kong government on charges of immigration and prostitution-related offenses.
The report also pointed out that the Hong Kong government did not conduct any human trafficking investigation in 2023. In the previous report, the Hong Kong government stated that it was still investigating the “slave labor scam” in which Hong Kong citizens were lured to Southeast Asia by a fraudulent group, and two suspects were charged with fraud.
The report specifically mentioned that foreign domestic helpers in Hong Kong still face a considerable risk of being trafficked illegally, and the Hong Kong government has not taken sufficient measures to protect them.
The report also stated that foreign domestic helpers may be exploited by their employers or employment agencies. For example, employment agencies may charge fees and confiscate their passports, and some employment agencies may even lend money to foreign domestic helpers. However, the government’s insufficient supervision of these issues has led to the exploitation of foreign domestic workers.
The report acknowledged that although the police have set up dedicated teams to investigate the trafficking and exploitation of foreign domestic workers, and relevant government departments have established designated contact points.
Yet, civil organizations have revealed in the past that they were unable to contact these designated departments or contact persons when they tried to refer victims to the police. There are also reports from civil organizations that government officials were unable to refer them to departments related to human trafficking for follow-up.
The report also pointed out that since the Chinese Communist Party (CCP) implemented the National Security Law (NSL) on Hong Kong in June 2020, any criticism of the government or its policies may be interpreted as supporting segregation, subversion, or incitement against the authority, which led to an increase in restrictions on freedom of speech.
When NGOs and other civil groups were to reflect cases, be them human trafficking related or otherwise. they had to be more cautious in their encounters with the government.
In addition, after Hong Kong promulgated the “Safeguarding National Security Ordinance” in March this year (2024) in accordance with Article 23 of the Basic Law, civil organizations also began to report being subject to similar restrictions.
The report makes a number of recommendations regarding the situation in Hong Kong, including improving the quality of investigations to identify victims of human trafficking and criminalizing all forms of such offenses in accordance with the definition in the United Nations Trafficking in Persons Protocol.
In addition, the report also recommends that the Hong Kong government needs to strengthen support for victims of human trafficking, such as providing shelter, counseling, and medical aid, and continue to cooperate with the NGOs.
