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In response to the US Department of State's "2016 Trafficking in Persons Report", a Government spokesman said today (June 30) that the Hong Kong Special Administrative Region (HKSAR) Government vehemently and categorically reject Hong Kong's grading in the Report.
"We attach great importance to combating trafficking in persons (TIP). We much regret that the findings of the Report have displayed a total disregard of the continuous and strenuous efforts of our law enforcement agencies to tackle TIP. In particular, we cannot accept that Hong Kong is a destination, transit and source territory for men, women and children subjected to sex trafficking and forced labour.
"The Report is not doing justice to the HKSAR Government. It understates the improvements to the operational procedures in victim identification and the successful identification of trafficking victims. The Report misquotes the level of assistance provided to trafficking victims, and contains an agglomeration of mere allegations, from unverified information, concerning the protection of foreign domestic helpers (FDHs)," the spokesman said.
"Hong Kong's effectiveness in combating this crime should better be judged by the extent and nature of human trafficking in Hong Kong. Contrary to the Report's allegation, it has never been the HKSAR Government's stance that TIP is limited to the movement of people for prostitution. We have reiterated on many occasions, including exchanges with the US Department of State, that conduct referred to as 'human trafficking' in the Palermo Protocol is prohibited by various pieces of domestic legislation, encompassing offences such as physical abuse, false imprisonment, criminal intimidation, unlawful custody of personal valuables, child abduction, child pornography and exploitation of children, illegal employment, withholding of wages, rest days, statutory holidays, etc. The Palermo Protocol concept of 'human trafficking' has also been incorporated into the Prosecution Code issued by the Department of Justice in September 2013. An example of the present approach is the successful conviction of an FDH employer in 2015 which involved a total of 21 charges of criminal and labour offences. The prosecution resulted in the sentence of a six-year imprisonment and a fine.
"Since 2015, there has been in place a standard procedure under which law enforcement agencies conduct debriefings for vulnerable persons to identity whether they may be victims of TIP. As acknowledged in the Report, from April 2015 to February 2016, our law enforcement agencies consistently conducted over 7,000 debriefings for persons including sex workers, illegal workers and illegal immigrants. A total of 16 victims have been identified as a result. With their cooperation, eight syndicate members were convicted, four of whom with sentences to imprisonment ranging from 16 to 30 months, and three suspects were pending trial or sentencing at the time of reporting. These are sentences imposed by our independent judiciary having regard to the gravity of the offences, degree of involvement of the perpetrators, and aggravating and mitigating factors. Immunity from prosecution was also granted to victims who agreed to testify against the syndicate members. Such improvements and concrete outcome, if given due attention in any objective assessment, could not have led to the Report's downgrading," the spokesman said.
The spokesman reiterated that there is no indication, from official sources or otherwise, that Hong Kong is being actively used by syndicates as a destination or transit point for TIP, or that TIP is a prevalent or widespread problem in Hong Kong. The HKSAR Government has continued to enhance various measures to combat the crime, in particular regarding victim identification and referral, and in the protection of FDHs.
First, the Hong Kong Police Force and the Immigration Department are revising their victim identification guidelines to facilitate thorough investigation and to ensure that victims are provided with appropriate assistance. Hundreds of our law-enforcement officers are trained with specialised victim identification skills and relevant subject knowledge yearly. Besides, relevant departments actively participated in various international conferences as well as specialist workshops co-organised with other jurisdictions to identify best practices and obtain information on latest human trafficking trends. The Government provides diversified assistance, protection and care services including welfare, medical and psychological assistance to TIP victims. Shelter is also provided through 10 fully subvented, rather than six partially-funded, refuge centres as erroneously referred to in the Report.
There are over 340 000 FDHs in Hong Kong and the Government is committed to making Hong Kong a safe and attractive place for FDHs to work in. Hong Kong is one of the few places in the world which grants the same statutory protection to FDHs under the labour law as local employees. FDHs are further protected through the government-prescribed Standard Employment Contract. To strengthen protection of FDHs, the Labour Department (LD) has stepped up its efforts on various fronts. In fact, our commitment and efforts in protecting FDHs have been recognised by the governments of FDHs' home countries as well.
LD has all along been taking stringent enforcement actions against any employment agencies (EAs) overcharging job seekers and will continue to act promptly upon receipt of any complaints. To enhance the regulation of the EA industry, LD has already stepped up inspections to local EAs. With more FDHs willing to come forward to report and act as prosecution witnesses, LD successfully prosecuted 12 EAs in 2015 and four EAs so far this year; and refused to renew or revoked eight EA licences so far since 2015. It is important to note that a Code of Practice (the Code) will soon be promulgated for EAs, including those involved in placement of FDHs, to follow. The Code will, inter alia, specify that EAs should not keep any personal property, including identification documents of FDHs (e.g. passports) or they may be held liable for an offence. It will also stipulate that EAs should not get involved in financial affairs of job-seekers.
It is necessary to point out that debts owed by some FDHs may be related to the charging of intermediary or training fees back in the FDHs' home countries well before they come to Hong Kong. This issue needs to be tackled at source. The HKSAR Government has been discussing with the governments of the major FDH sending countries on ways to alleviate the debt burden of FDHs and will continue to follow up on this.
"We note with serious concern that some FDHs alleged that they did not have their wages paid in full and were not granted the weekly day-off. The authorities will not tolerate any abuse of FDHs, and will thoroughly investigate into all reported cases and promptly take out prosecution if there is sufficient evidence. The Government appeals again to any aggrieved FDHs to file reports with the authorities and to act as prosecution witness to ensure that justice be done," the spokesman said.
To promote the awareness of FDHs of their rights and channels to seek redress, a one-stop online information platform of FDHs and a "Do's" and "Don'ts" leaflet for FDHs, employers and EAs relating to employment of FDHs have been made available since April this year in FDHs' three major mother languages (namely Tagalog, Indonesian, and Thai (with Thai version available soon)) so as to enhance understanding of, and better protect, their respective rights and obligations. The Government has also strengthened collaboration with governments of FDHs' home countries by having regular meetings at ministerial level, as well as maintaining regular liaison with the consulates-general (CG) in Hong Kong for information sharing and other joint efforts. LD has also been participating in the welcoming programme of the CGs to enhance the awareness of FDHs who first come to work in Hong Kong in their statutory rights and assistance channels.
"TIP is not tolerated in Hong Kong. Our comprehensive legal framework, vigorous enforcement efforts, independent judiciary, rule of law and a clean government place us on a solid footing to combat human trafficking and related offences. The law enforcement agencies will take all trafficking reports seriously and maintain close liaison with foreign consulates and non-governmental organisations with a view to bringing to justice human trafficking criminals," the spokesman added.
Ends/Thursday, June 30, 2016
Issued at HKT 22:20
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