EXPLOITATION OF WOMEN
ARTICLE 6
EXPLOITATION OF WOMEN

Prostitution and trafficking of women

Measures against women trafficking and girl-child prostitution

49.

Currently, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol) does not apply to Hong Kong. Whilst we note the Committee’s recommendation at paragraphs 56 - 57 of its previous Concluding Observations to consider, inter alia, extending the applicability of the Palermo Protocol to Hong Kong, we are mindful, given the HKSAR’s liberal visa regime, of the adverse implications to our effective immigration controls and possible abuses by overstayers and illegal migrants if the Palermo Protocol, in particular the provision requiring State parties to consider adopting measures that permit victims of Trafficking-in-Persons (TIP) to remain in the territory, is applied to the HKSAR. Having considered these implications, we have no plan to extend the Palermo Protocol to the HKSAR.

“Multi-legislation” approach to TIP

50.

As regards the Committee’s recommendation to adopt comprehensive anti-trafficking legislation in Hong Kong, the Committee is invited to note that the HKSAR addresses TIP through various pieces of local legislation, such as the Crimes Ordinance (Cap. 200), which prohibits TIP to or from Hong Kong for the purpose of prostitution, amongst others; the Human Organ Transplant Ordinance (Cap. 465) which prohibits commercial dealings in human organs; the Prevention of Child Pornography Ordinance (Cap. 579), which prohibits child pornography; the Immigration Ordinance (Cap. 115) which prohibits arrangement for an unauthorised entrant to Hong Kong and employing illegal workers; the Employment Ordinance (Cap. 57) which imposes criminal liability on employers involved in non-payment, under-payment of wages or delay in payment of wages, failure to grant rest days and statutory holidays to employees; and other relevant ordinances which prohibit such crimes as assault, forcible taking or detention of persons with intent to sell him or her, child abduction, deception and blackmail, etc. This “multiple-legislation” approach provides law enforcement agencies (LEAs) and prosecutors with more flexibility in investigating and prosecuting TIP cases.

51.

Also, the Prosecution Code published in 2013 by DoJ added a new paragraph on “Human Exploitation Cases” to provide guidance to prosecutors as to what may amount to TIP and exploitation and the proper approach to be adopted in cases involving these elements. The definition of TIP as set out under the Palermo Protocol is adopted in the Code. A new chapter on “Human Exploitation” is further added to the Prosecution Manual 2017.

52.

Our ongoing efforts to combat TIP are set out in the ensuing paragraphs.

High-level policy steer

53.

The Government has established in March 2018 a high-level Steering Committee, chaired by the Chief Secretary for Administration, with the Secretary for Security and Secretary for Labour and Welfare as the vice-chairmen and relevant department heads as members. The Steering Committee will offer strategic steer in respect of tackling TIP and enhancing the protection of foreign domestic helpers (FDHs); formulate and monitor the full implementation of the “Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong” (the Action Plan); and ensure the provision of adequate resources to the relevant bureaux and departments for the effective implementation of the Action Plan.

54.

The Action Plan outlines a package of multi-faceted measures that are comprehensive, strategic and targeted, and which cover victim identification, protection and support, investigation, enforcement, prosecution and prevention as well as partnership with different stakeholders.

Inter-departmental co-operation

55.

In addition to the newly established Steering Committee, there are established mechanisms for inter-departmental co-operation in combating TIP such as the Inter-departmental Joint Investigation Team (JIT), and an inter-departmental TIP Working Group established in 2010 to enhance enforcement strategy against TIP, monitor the overall situation of TIP and formulate the overall strategy for combating TIP in the HKSAR.

56.

In 2016, a “Guideline on Inter-departmental Cooperation for the Handling of Suspected Cases of Trafficking in Persons” was issued to provide guidance on the general principles and procedures to enhance inter-departmental co-operation among Government bureaux / departments in anti-TIP work. In April 2017, the Prosecutions Division of DoJ has assigned a designated desk to oversee and co-ordinate cases involving TIP issues handled or submitted by various LEAs for legal advice.

Victim identification

57.

Since 2015, LEAs have gradually introduced a pilot screening mechanism under which officers will conduct a two-tier screening on vulnerable persons (including sex workers, illegal immigrants, etc.) who are arrested or who put themselves forward to the authorities with a view to ascertaining whether they are TIP victims. The mechanism has been implemented in the Immigration Department, Hong Kong Police Force and Hong Kong Customs and Excise Department. It will continue to be extended to other department (e.g. to the Labour Department (LD) to cover FDHs).

Protection and assistance for victims

58.

As regards the Committee’s Concluding Observations on intensifying efforts to ensure the rehabilitation and social integration of victims, including by strengthening assistance, protection and support provided to TIP victims, the Committee is invited to note that the Government already provides holistic and humane protection, support, and assistance to TIP victims, including witness protection programme; provision of welfare support and assistance, provision of financial assistance, consideration of proper arrangements during prosecution process, visa extension and fee waiver, exceptional approval for FDHs to change employers in the HKSAR, etc.

Training and partnership

59.

Training on anti-TIP is offered to the officers of LEAs, LD, SWD and prosecutors, etc. In 2017, over 1 800 government officials have received local / overseas anti-TIP training. Relevant LEAs have included the theme of TIP into their induction training for all officers.

60.

As regards the Committee’s Concluding Observations on intensifying efforts aimed at bilateral, regional and international cooperation to prevent trafficking, the Committee is invited to note that the Government already co-operates with other jurisdictions, including Australia, the European Union, etc. and other NGOs to provide specialised training workshops on TIP to officers from various bureaux / departments. The Government also actively participates in international conferences and workshops to identify the best practice to combat TIP and share TIP intelligence and experience. The LEAs always maintain close liaison with foreign consulates to conduct investigation on TIP cases.

61.

Besides, one of our Action Plan initiatives is to step up co-operation with major FDH-sending countries, such as enhancing high-level exchanges between governments to understand each other’s latest policy developments and discuss issues of mutual concern; and conducting local publicity activities there to promote FDHs’ lawful interests in Hong Kong and various protective measures available.

62.

The Government had meeting with NGOs for gauging their view on implementation of the Action Plan. The Government will continue to engage with NGOs to regularly exchange views on smooth referral of potential cases to suitable authority for follow up, necessary victim assistance, outreach, research, public awareness campaigns and training workshops, etc. Our anti-TIP efforts are kept under regular review. The Government will maintain close liaison with foreign consulates, the local civil society and international counterparts to fight against the crime.

Assistance available and protection rendered to sex workers

63.

We note that the Committee has also in its previous Concluding Observations expressed concerns in relations to the legislative provisions on “vice establishment”. Some commentators suggested repealing legislative provisions on “vice establishment”. Our position regarding the issue remains as reported in the previous report. In brief, we are of the view that this arrangement strikes a reasonable balance between the human rights and privacy of sex workers on the one hand, and the well-being of other members of community and the prevailing moral values of community on the other. It also helps contain the opportunity for organised exploitation of sex workers. Welfare and healthcare services for sex workers are set out in greater details in Annex 6A.

Prostitution and trafficking of women
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