VZCZCXRO9423
PP RUEHCN RUEHGH
DE RUEHHK #0304/01 0530952
ZNR UUUUU ZZH
P 220952Z FEB 10
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC PRIORITY 9672
INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 12 HONG KONG 000304
SENSITIVE
SIPDIS
DEPT FOR G/TIP, G- LAURA PENA, DRL, INL, PRM, EAP/RSP,
EAP/CM
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KMCA, HK
SUBJECT: SUBMISSION FOR 2010 TRAFFICKING IN PERSONS REPORT:
HONG KONG
REF: A. 10 SECSTATE 2094
B. 10 HONG KONG 76
1. (U) Per reftel A, the following are post's contributions
to the tenth annual Trafficking in Persons (TIP) report for
the Hong Kong Special Administrative Region (HKSAR) of the
People's Republic of China. Subheadings and answers
correspond to questions posed in paragraphs 25-30 of reftel
A.
Para 25: THE COUNTRY'S TIP SITUATION
------------------------------------
-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?
(SBU) The Hong Kong government (HKG), human rights, labor,
and migrant workers' non-government organizations (NGOs) all
maintain a high level of interest and scrutiny on TIP-related
issues. The HKG responds promptly to Post's requests for
information. NGOs regularly share their findings and
observations with Post. Information from this wide range of
sources has generally been reliable.
-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens
or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes?
Provide, where possible, numbers or estimates for each group
of trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?
(SBU) Hong Kong is not a significant point of origin,
transit, and/or destination for internationally trafficked
men, women or children. Sex trafficking cases detected by
the government, NGOs, and foreign consulates usually involved
women recruited from rural areas of mainland China and
Southeast Asian countries who believed they would be employed
in restaurants, bars and hotels, but upon arrival were
coerced into prostitution through debt bondage or physical
coercion. Women, primarily from mainland China and Southeast
Asia, continued to travel to Hong Kong of their own volition
to engage in sex work.
(SBU) Some foreign domestic workers (FDWs), particularly
those from Indonesia, face high levels of indebtedness
assumed in their home countries as part of the terms of
employment, which can in some cases lead to situations of
debt bondage if unlawfully exploited by recruiters or
employers.
-- C. To what kind of conditions are the trafficking victims
subjected?
(SBU) While many women come to Hong Kong willingly to engage
in prostitution, previously documented cases suggest a small
number are lured by criminal syndicates or acquaintances and
deceived about the nature of their future work. Once in Hong
Kong, they are forced into prostitution under conditions of
debt bondage or physical coercion. Traffickers sometimes
hold onto the women's travel documents until debts incurred
for travel to Hong Kong and for accomodations and subsistence
while in Hong Kong are paid.
-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of human trafficking (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)? If so, please specify the type of exploitation for
which these groups are most at risk (e.g., girls are more at
risk of domestic servitude than boys).
(SBU) Previously documented trafficking cases have typically
involved women from poor rural areas of mainland China and
Southeast Asia, particularly Thailand and the Philippines.
-- E. Traffickers and Their Methods: Who are the
HONG KONG 00000304 002 OF 012
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport victims (e.g.,
are false documents being used)? Are employment, travel, and
tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic
individuals?
(SBU) Previously documented trafficking cases in Hong Kong
and anecdotal accounts from NGOs suggest criminal syndicates
sometimes facilitate illegal migrants entering Hong Kong with
fraudulent documents and/or establishing themselves in the
city. Information from NGOs continues to suggest women are
approached by acquaintances from their home village/town and
promised service industry jobs such as waitressing, foot
massaging, car washing, and cleaning. However, upon arrival,
they find themselves forced into prostitution in order to pay
back significant debt incurred in coming to Hong Kong.
Para 26: SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS
--------------------------
------------------------------------
-- A. Does the government acknowledge that human trafficking
is a problem in the country? If not, why not?
(SBU) The Hong Kong government acknowledges occasional cases
of labor exploitation of FDWs might occur, but maintains TIP
is not a systemic problem in the territory. While the HKG
contends trafficking cases continue to be rare in Hong Kong,
it also insists its law enforcement agencies are willing and
capable of utilizing all relevant laws and tools to pursue
trafficking crimes when identified.
-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor -
and, which agency, if any, has the lead in these efforts?
(SBU) The Joint Investigative Team (JIT) on Human Smuggling,
formed in 1998 to combat organized human smuggling,
coordinates Police, Immigration and Customs Department
enforcement efforts and maintains links with private sector
organizations, NGOs and local and international bodies
involved in combating human smuggling. They also monitor the
implementation of the government's anti-trafficking policies
and recommend appropriate strategies and tactical responses.
(SBU) The Security Bureau (SB) has policy responsibility for
illegal immigration and TIP and administrative control over
the police, customs and immigration departments which are
responsible for enforcing laws used to combat trafficking.
(SBU) The Social Welfare Department (SWD) and the Hospital
Authority (HA) are responsible for coordinating and
implementing victim support and assistance programs. The
Labor Department oversees policies on FDW, handles complaints
filed by FDWs, and carries out awareness and education
campaigns on FDW rights.
-- C. What are the limitations on the government's ability to
address these problems in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?
(SBU) With a sophisticated legal system, a highly
professional law enforcement apparatus and adequate funding,
the HKG has the infrastructure to address TIP problems.
However, police officials have often pointed to a victim's
unwillingness to press charges as a major obstacle in their
efforts to pursue TIP offenders.
-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?
HONG KONG 00000304 003 OF 012
(SBU) The Security Bureau (SB) regularly reviews and closely
monitors the performance of the law enforcement agencies'
(LEAs) anti-trafficking efforts. LEAs are expected to
carefully document all cases where trafficking is suspected.
SB monitors daily police reports for confirmed or suspected
trafficking cases and seeks further details from the
appropriate police unit for follow-up and reporting. When
reviewing deportation orders, SB is alert to possible
trafficking victims amongst the proposed deportees. The Hong
Kong Police (HKP) provides SB with a quarterly "Trafficking
in Women" report. HKP's Organized Crime and Triad Bureau
(OCTB), the unit responsible for investigating human
trafficking cases, also produces biannual reports for the
JIT. While the above reports are for internal consumption,
the HKG continues to respond promptly to Post's requests for
information throughout the year.
-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?
(SBU) Hong Kong's Registration of Persons Ordinance (Cap. 17)
and its subsidiary regulations require the mandatory
registration of all individuals for the issuance, possession,
production and application of Hong Kong Identification cards.
Birth and death registrations are governed by the Births and
Deaths Registration Ordinance (Cap. 174). Chinese citizens
who have the right of abode in the Hong Kong SAR and hold
valid Hong Kong Permanent Identity Cards are eligible for the
HKSAR passport.
--F. To what extent is the government capable of gathering
the data required for an in-depth assessment of law
enforcement efforts? Where are the gaps? Are there any ways
to work around these gaps?
(SBU) The Security Bureau oversees all the law enforcement
entities involved in fighting human trafficking and is
capable of gathering the data needed for an in-depth
assessment of law enforcement efforts.
Para 27: INVESTIGATION AND PROSECUTION OF TRAFFICKERS
----------------------- ------------------------------
For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.
-- A. Existing Laws against TIP: Does the country have a law
or laws specifically prohibiting trafficking in persons --
both sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language (actual copies
preferable) of the TIP provisions. Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal
and transnational forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud, or coercion? Are
these other laws being used in trafficking cases?
(SBU) While Hong Kong does not have a comprehensive law
prohibiting all forms of trafficking, specific provisions in
the Crimes Ordinance (Sections 129 and 134 of Cap. 200; July
1, 1997) and the Offences Against Persons Ordinance (Cap 212,
July 1, 1997) enable law enforcement authorities to take
action against sex trafficking crimes. Section 129 of Crimes
Ordinance makes it an offense for a person to take part in
"bringing another person into, or taking another person out
of, Hong Kong for the purposes of prostitution," regardless
of whether the other person consented, knew the purpose, or
received any advantage. This offense is punishable by up to
10 years' imprisonment. Section 134 criminalizes "detention
for intercourse or in a vice establishment." It cites " a
person who in any manner or by any means detains another
person against his or her will (a) with the intention that
the other person shall do an unlawful sex act; or (b) on any
premises or vessel, or in any place, kept as a vice
establishment" shall be guilty of an offence and shall be
liable on conviction on indictment to imprisonment for 14
years. Additionally, under the Offences Against Persons
Ordinance, traffickers who have detained a person against
HONG KONG 00000304 004 OF 012
his/her will may be subject to heavier penalties, up to a
maximum of life imprisonment.
(SBU) Hong Kong uses its Employment and Theft Ordinances to
prosecute labor violations and related offenses. Hong Kong's
Bill of Rights Article 4 bans forced and bonded labor. Under
the Employment Ordinance (EO, Cap. 57), employers who violate
contract terms or minimum wage requirements (the latter only
applies to FDWs) can be fined and imprisoned. Any employer
who pays less than the legal minimum wage for FDWs can be
fined HKD 350,000 (USD 44,870) and imprisoned up to three
years. Employers or employment agencies who illegally
withhold a FDW's passport can be prosecuted for blackmail
under the Theft Ordinance (maximum penalty 14 years) or for
"obtaining property by deception" by which "any person who by
any deception dishonestly obtains property belonging to
another, with the intention of permanently depriving the
other of it, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 10
years."
(SBU) The Employment Ordinance regulates the operation of
employment agencies (EAs) in Hong Kong. An EA is only
allowed to charge job-seekers (including FDWs) a commission
of not more than 10% of the first month's wages received upon
successful placement. Overcharging is a criminal offense and
carries a maximum fine of HK$50,000 (US$6,410). The license
of an offending EA may also be revoked upon conviction, and
the Commissioner for Labor may refuse to issue or renew a
license, or may revoke a license, if (1) he is satisfied on
reasonable grounds that an employment agency is being, or is
likely to be, used for unlawful or immoral purposes, or (2)
if a person operating or intending to operate an employment
agency has, within the preceding five years, been convicted
of an offense against a child, young person or woman or of an
offense involving membership of a triad society, fraud,
dishonesty or extortion (Sec. 53(1)(c)(ii) of Cap. 57).
-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of
persons for commercial sexual exploitation, including for the
forced prostitution of adults and the prostitution of
children?
(SBU) Section 129 of the Crimes Ordinance makes it an offense
for a person to take part in "bringing another person into,
or taking another person out of, Hong Kong for the purposes
of prostitution," regardless of whether the other person
consented, knew the purpose, or received any advantage. This
offense is punishable by up to 10 years' imprisonment.
Section 130 of the Crimes Ordinance prescribes 14 years'
imprisonment for a person who "harbours another person or
exercises control or direction over another person with the
intention that person shall do unlawful sex acts with
others." Section 134 criminalizes "detention for intercourse
or in a vice establishment." It cites "a person who in any
manner or by any means detains another person against his or
her will (a) with the intention that the other person shall
do an unlawful sex act; or (b) on any premises or vessel, or
in any place, kept as a vice establishment" shall be guilty
of an offence and shall be liable on conviction on indictment
to imprisonment for 14 years.
-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?
(SBU) Hong Kong uses its Employment and Theft Ordinances to
prosecute labor violations and related offenses. Hong Kong's
Bill of Rights Article 4 bans forced and bonded labor. Under
the Employment Ordinance (EO, Cap. 57), employers who violate
contract terms or minimum wage requirements (the latter only
applies to FDWs) can be fined and imprisoned. Any employer
who pays less than the legal minimum wage for FDWs can be
HONG KONG 00000304 005 OF 012
fined HKD 350,000 (USD 44,870) and imprisoned up to three
years. Employers or employment agencies who illegally
withhold a FDW's passport can be prosecuted for blackmail
under the Theft Ordinance (maximum penalty 14 years) or for
"obtaining property by deception" by which "any person who by
any deception dishonestly obtains property belonging to
another, with the intention of permanently depriving the
other of it, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 10
years."
(SBU) The Employment Ordinance regulates the operation of
employment agencies (EAs) in Hong Kong. An EA is only
allowed to charge job-seekers (including FDWs) a commission
of not more than 10% of the first month's wages received upon
successful placement. Overcharging is a criminal offense and
carries a maximum fine of HK$50,000 (US$6,410). The license
of an offending EA may also be revoked upon conviction, and
the Commissioner for Labor may refuse to issue or renew a
license, or may revoke a license, if (1) he is satisfied on
reasonable grounds that an employment agency is being, or is
likely to be, used for unlawful or immoral purposes, or (2)
if a person operating or intending to operate an employment
agency has, within the preceding five years, been convicted
of an offense against a child, young person or woman or of an
offense involving membership of a triad society, fraud,
dishonesty or extortion (Sec. 53(1)(c)(ii) of Cap. 57).
-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a
foreign government's compliance with TVPA Minimum Standard 2,
which reads: "For the knowing commission of any act of sex
trafficking... the government of the country should prescribe
punishment commensurate with that for grave crimes, such as
forcible sexual assault (rape)." END NOTE)
(SBU) Under the Crimes Ordinance, rape (Section 118 of Cap.
200) and non-consensual sodomy (Section 118A of Cap. 200)
carry maximum penalties of life imprisonment.
-- E. Law Enforcement Statistics: Did the government take
legal action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted trafficking
offenders who received suspended sentences and the number who
received only a fine as punishment. Please indicate which
laws were used to investigate, prosecute, convict, and
sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?
(SBU) The Hong Kong government took legal action against two
sex trafficking cases during the reporting period. In August
2009, the Philippines consulate informed the HKP that two
Filipinas had sought help from the consulate after being
forced to work as prostitutes in a nightclub. A family
acquaintance had misled them to believe they would be working
as waitresses. The HKP launched an undercover operation with
police officers posing as potential clients that resulted in
the arrest of two HK-based Filipina traffickers. The case
was heard in District Court February 1-3, and a verdict is
expected at the end of February.
(SBU) The second case involved a Thai woman who was invited
by her neighbor to travel to Hong Kong for sightseeing in
September 2009. Upon arrival in Hong Kong, the neighbor
brought the victim to a brothel. The victim refused to
engage in prostitution and managed to escape. She filed a
report at a local police station and helped authorities
locate the brothel where she had worked. The neighbor had
already left Hong Kong, but using immigration records and
with assistance from the Royal Thai consulate, the police was
able to identify the trafficker and arrest her when she
attempted to enter Hong Kong in October. The case is
scheduled to go to trial in March.
(SBU) While no labor trafficking cases were detected during
the reporting period, Hong Kong labor authorities did take
numerous legal actions against various violations of the
Employment Ordinance. The Labor Department conducted 940
inspections of employment agencies and revoked the licenses
of two EAs for overcharging FDWs. The two EAs were also fined
HONG KONG 00000304 006 OF 012
HKD 6000 (USD 770) each. The Labor Department also levied
122 fines against FDW employers for either underpayment or
non-payment of wages. One employer was sentenced to nine
months' imprisonment (which was reduced to 3 months after
appeal), and the rest were fined, with the highest fine being
HKD 90,000 (USD 11,540).
-- F. Does the government provide any specialized training
for law enforcement and immigration officials on identifying
and treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.
(SBU) Front-line police officers continued to receive
training on victim identification and investigative
techniques during their initial police academy studies.
Those who enter the officer corps, especially if they are
assigned to the Organized Crime and Triad Bureau (OCTB), the
unit responsible for investigating TIP crimes, receive
additional internal training.
(SBU) In 2009, representatives from the police and
immigration departments actively participated in various
regional and international conferences/seminars on human
trafficking. Police and immigration officers attended the
Senior Officers' Meeting of the Bali Process on People
Smuggling, Trafficking in Persons and Related Transnational
Crime in Australia in February. In June, an immigration
officer attended a week-long USG-sponsored Forced Child
Labor/Human Trafficking/Child Sex Tourism Workshop held in
Manila. Post in October organized a two-day seminar for an
ICE investigator and DOJ prosecutor to share their expertise
with over 40 frontline police, immigration and customs
officers. Topics covered included investigative techniques,
case scenarios, prosecution of cases, interview techniques,
victim identification and empowerment, and working with NGOs.
Several police officers attended the November Trafficking In
Persons course held at the International Law Enforcement
Academy in Bangkok. At the HKG's request, the local ICE
Attache in November provided a three-hour block of training
on victim identification and assistance to approximately 40
immigration officers.
--G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.
(SBU) While Hong Kong law enforcement agencies did not have
any joint investigations with other governments during the
reporting period, they continued to participate regularly in
international conferences and seminars on transnational
crime, immigration control, document fraud, and victim
identification. The HKG worked closely with the Philippines
Consulate General in pursuing the above-mentioned case.
(SBU) Recognizing that many Indonesian FDWs arrive in Hong
Kong with a large amount of debt incurred from fees charged
by recruitment firms in Indonesian, Hong Kong's Secretary for
Labor and Welfare has repeatedly been pressuring the
Indonesian government on ways to reduce the amount of fees
charged to FDWs in an effort to reduce the debt burden
incurred in Indonesia.
-- H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting
period, and the number of trafficking extraditions pending.
In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.
(SBU) Hong Kong currently has extradition agreements with
sixteen countries for the surrendering of fugitives,
including for trafficking crimes. Agreements have been
signed but have not yet come into force with an additional
two countries. No extraditions related to trafficking
occurred during the reporting period.
-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.
(SBU) There was no evidence or allegations of government
involvement in or tolerance of trafficking during the
reporting period.
HONG KONG 00000304 007 OF 012
-- J. If government officials are involved in human
trafficking, what steps has the government taken to end such
complicity? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related criminal activities during
the reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials received
suspended sentences, or were given a fine, fired, or
reassigned to another position within the government as
punishment. Please indicate the number of convicted officials
that received suspended sentences or received only a fine as
punishment.
(SBU) There was no evidence or allegations of government
involvement in or tolerance of trafficking during the
reporting period.
-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.
(SBU) Not applicable to Hong Kong.
-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?
(SBU) Hong Kong does not have an identified child sex tourism
problem.
Para 28: PROTECTION AND ASSISTANCE TO VICTIMS
---------------------------------------------
-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?
(SBU) Under the Witness Support Programme estabished in 1996,
specially trained HKP officers provide protection and support
for victims and witnesses throughout the investigation and
prosecution phases and court proceedings. Past and current
trafficking cases indicate Hong Kong law enforcement provide
these protections in practice. In 2007, Hong Kong police
provided protection for six Filipina trafficking victims
throughout the course of the investigation and trial in which
they testified. The police also traveled to the Philippines
to meet with relevant government departments to discuss how
to ensure the safety of the victims and their reintegration
into society. After the conviction of their two traffickers,
the HKP escorted the victims to the airport where Philippine
Consulate General officials met them.
(SBU) The HKP has also been providing protection to the two
Filipinas who testified in court February 1-3. The two women
stayed at an undisclosed shelter, and were escorted by
officers to necessary appointments. One of the women is
pregnant, and police accompanied her to doctor's visits.
-- B. Does the country have victim care facilities (shelters
or drop-in centers) which are accessible to trafficking
victims? Do foreign victims have the same access to care as
domestic trafficking victims? Where are child victims placed
(e.g., in shelters, foster care, or juvenile justice
detention centers)? Does the country have specialized care
for adults in addition to children? Does the country have
specialized care for male victims as well as female? Does
the country have specialized facilities dedicated to helping
victims of trafficking? Are these facilities operated by the
government or by NGOs? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
HONG KONG 00000304 008 OF 012
period.
(SBU) Six government-subsized NGO shelters serve victims of
violence, abuse or exploitation, including trafficking
victims. These centers provide temporary free accommodations
and counseling to both local and foreign victims. Child
trafficking victims can be admitted to several refuge centers
specifically equipped to provide temporary services for
children.
-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided was in-kind, please
specify exact assistance. Please specify if funding for
assistance comes from a federal budget or from regional or
local governments.
(SBU) The Social Welfare Department (SWD) provides funding to
six NGO-run shelters that also provide psychological
assistance and access to legal and medical services. The
Government-funded Family Crisis Support Center, operated by a
local NGO, provides 24-hour support for victims. The Center
offers counseling, a resource center, hotline service and
referrals to community groups. Services provided by the
center include short-term emergency accommodation,
counseling, hotline service, a resource corner and
self-learning facilities, and referrals to additional
community support services.
(SBU) As reported in ref B, some local NGOs providing care to
TIP victims have not asked for subsidies from the government
because they have found their own resources to be adequate to
support their clients. The HKG provides HKD 100 (USD 13) a
day to victims it refers to NGOs.
(SBU) The Hong Kong Hospital Authority provides public
medical and clinical psychological services to trafficking
victims, who enjoy the same rights as other patients. The
Department of Health operates Female Social Hygiene Clinics,
which offered free services to all female sex workers without
asking about their legal status in Hong Kong.
-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.
(SBU) All trafficking victims, regardless of nationality, are
entitled to the short-term assistance and social services
mentioned immediately above. Those remaining in Hong Kong
prior to repatriation or to participate in criminal
proceedings against traffickers are granted leave to remain
by the Director of Immigration. This status does not allow
the individual to work or study. Hong Kong law does not
provide for issuing permanent residency status to foreign
trafficking victims. As a result, the HKG will assist the
victims to return to their home countries, including liaising
with home country governments to ensure a smooth
reintegration into society.
(SBU) The HKG in October 2009 contracted an NGO to provide a
free-of-charge telephone interpretation service in English
and seven ethnic minority languages. The service is
available to all government departments that need assistance
in handling cases involving foreigners who cannot speak
Chinese.
-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?
(SBU) The HKG collaborates closely with the local consulates
and governments of victims' home countries to ensure the
victims' needs, including protection for their families, are
met.
-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?
(SBU) The SWD and police have an established set of
HONG KONG 00000304 009 OF 012
guidelines and procedures for joint handling of the
investigation process and support services for all victims of
abuse, including trafficking victims. SWD manages the
referral of victims to the six government-subsidized shelters.
-- G. What is the total number of trafficking victims
identified during the reporting period? (If available,
please specify the type of exploitation of these victims -
e.g. "The government identified X number of trafficking
victims during the reporting period, Y or which were victims
of trafficking for sexual exploitation and Z of which were
victims of nonconsensual labor exploitation.) Of these, how
many victims were referred to care facilities for assistance
by law enforcement authorities during the reporting period?
By social services officials? What is the number of victims
assisted by government-funded assistance programs and those
not funded by the government during the reporting period?
(SBU) The HKG identified three trafficking victims during the
reporting period, all of which were victims of trafficking
for sexual exploitation. All three victims were referred to
a local NGO who had staff that could communicate in the
victims' native languages. The HKG provided HKD 100 (USD 13)
a day to the victims while they were at the shelter. One of
the victims learned she was pregnant while staying at the
shelter, and the HKG has arranged for her to deliver the baby
in Hong Kong free of charge.
-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? For
countries with legalized prostitution, does the government
have a mechanism for screening for trafficking victims among
persons involved in the legal/regulated commercial sex trade?
(SBU) Hong Kong's law enforcement and social services
personnel continued to look for certain indicators of
exploitation/abuse to proactively identify potential
trafficking victims among high-risk persons. These
indicators and appropriate follow-up questions have been
formalized into an Action Card to standardize debriefing of
potential trafficking victims. Some of the indicators noted
on the card include whether the person a) was in possession
of identification and travel documents; b) appeared to have
been coached on what to say; c) could freely contact family
and friends; d) had been beaten or threatened; and e) was
receiving any of the money he/she earned.
-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?
(SBU) Persons determined to be trafficking victims are not
detained, jailed, or prosecuted for violations of other laws.
-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?
(SBU) HKG policy is to encourage victims to assist in the
investigation and prosecution of trafficking cases, although
in practice victims are reluctant to do so. One contributing
factor might be the fact that victims are not allowed to work
while waiting to testify in court. Victims, however, are
allowed to leave the country pending trial proceedings. In
the case of the Thai female who was deceived by a neighbor in
traveling to Hong Kong, the victim was allowed to return to
Thailand to take care of her young family. The HKP later
paid for her to return to Hong Kong to further assist in
their investigation. She is now back in Thailand but will
return to Hong Kong to testify in court in March. The two
Filipina victims identified during the reporting period
testified in court in February.
(SBU) Under Hong Kong law, a victim may initiate civil
proceedings for compensation arising from injuries/damages
HONG KONG 00000304 010 OF 012
sustained as a result of unlawful or wrongful acts of the
trafficker. Such a claim is considered a civil action between
two private parties. Legal aid in the form of legal
representation is available to eligible persons.
-- K. Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period? Please
explain the type of assistance provided (travel documents,
referrals to assistance, payment for transportation home).
(SBU) As mentioned above, Hong Kong law enforcement and
immigration officers in 2009 received training on victim
identification and assistance through several USG-sponsored
courses and locally-organized seminars. The Hong Kong SAR
does not maintain embassies or consulates abroad.
-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?
(SBU) Although Hong Kong is not a point of origin for
internationally trafficked men, women or children, all the
assistance mentioned above are available to Hong Kong
residents.
-- M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?
(SBU) Various NGOs involved in the promotion of the rights of
sex workers and/or migrant workers provide varying levels of
support to trafficking victims. International Social Service
(ISS), with HKG consent, deploys Information Ambassadors
(IAs) to meet every incoming flight from Southeast Asia that
lands in Hong Kong from 9 a.m. to 9 p.m. The IAs distribute
HKG-funded information kits produced in several of the most
commonly-spoken Southeast Asian languages to passengers
identified as potential victims of trafficking or other
exploitation. ISS runs a hotline, provides interpretation,
medical and counseling services, and helps arrange for
shelter and access to legal counsel. Other NGOs such as Zi
Teng, Action for Reach Out, International Organization for
Migration, Diocesan Pastoral Centre for Filipinos, and
Bethune House provide assistance and support to sex and
migrant workers in Hong Kong.
Para 29 PREVENTION
------------------
-- A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s), including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)
(SBU) The Labor Department (LD) increased its efforts to
educate the FDW population of their rights guaranteed by the
Employment Ordinance. In addition to the normal
mini-exhibitions and information kiosks staged in areas
frequented by FDWs where
pamphlets and videos in English, Tagalog, Indonesian, Thai,
Sri Lankan and Chinese were distributed, LD also targeted
Indonesian FDWs in an outreach campaign during Ramadan. LD
handed out more than 6,000 flyers/DVDs in Victoria Park to
Indonesian FDWs. LD organized a seminar for 200 employment
agencies November 11 to educate them on handling passports,
racial discrimination, and workers, rights. LD will enclose
information brochures on how to treat foreign domestic
workers in the electric bills sent to all households in Hong
Kong.
(SBU) The HKG has designed a pamphlet for use in educating
the public about human trafficking and encouraging people to
HONG KONG 00000304 011 OF 012
report suspicious activities to the police. The HKG plans to
print the pamphlets in Chinese, English, Thai, Tagalog and
Indonesian and distribute them through local District Council
offices starting March 2010. The pamphlet provides tips to
people coming to work in Hong Kong on how to protect
themselves and where to seek help if they have become a
trafficking victim.
-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?
(SBU) The HKG devotes a significant amount of resources to
monitoring immigration and emigration activities, to include
evidence of trafficking. Law enforcement authorities have
continued to apply stringent measures to screen for
trafficking victims and suspected trafficking cases among
visitors and illegal immigrants along borders. Immigration
officers received training from US immigration officers and
local NGO ISS on how to spot potential trafficking victims at
the airport.
(SBU) Hong Kong imigration and customs officials continue to
exchange intelligence about suspected illegal migration with
mainland China, Macau and foreign counterparts. They
maintain close and frequent contact with counterparts at
consular missions accredited in Hong Kong. The various
parties share information alerts and bulletins, including
those related to anti-trafficking efforts.
-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?
(SBU) The Joint Investigation Team (JIT) serves as Hong
Kong's principal forum for regular intra-government
communication on matters relating to human trafficking. JIT
also coordinates with foreign counterparts and sends members
to international forums and exchanges.
-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?
(SBU) The Hong Kong government does not have an
inter-departmental Action Plan to address human trafficking,
but individual departments have programs and measures in
place to address various aspects of tackling TIP.
-- E: Required of all Posts: What measures has the government
taken during the reporting period to reduce the demand for
commercial sex acts? (please see ref B, para. 9(3) for
examples)
(SBU) Post is not aware of any new measures the HKG has taken
to reduce the demand for commercial sex acts. While law
enforcement agencies have tolerated the existence of "one
woman brothels" -- a single sex worker of legal age and
residency status operating independently -- all other forms
of commercial sex are illegal.
-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce
the participation in international child sex tourism by
nationals of the country?
(SBU) Although Post is not aware of any specific measures
specifically aimed at reducing the participation of Hong Kong
residents in international child sex tourism, Hong Kong
residents have not previously been identified as participants
in such activities.
-- G. Required of posts in countries that have contributed
over 100 troops to international peacekeeping efforts
(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,
Bolivia, Brazil, Burkina Faso, Cameroon, Canada, Chile,
China, Cote d'Ivoire, Croatia, Denmark, Egypt, El Salvador,
Ethiopia, Fiji, Finland, France, Gambia, Germany, Ghana,
Guatemala, India, Indonesia, Ireland, Italy, Jordan, Kenya,
Korea (ROK), Malawi, Malaysia, Mongolia, Morocco, Nepal,
Niger, Nigeria, Norway, Pakistan, Peru, Philippines, Poland,
Portugal, Russia, Rwanda, Senegal, Slovakia, South Africa,
Spain, Sri Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda,
Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and
Zimbabwe): What measures has the government adopted to ensure
HONG KONG 00000304 012 OF 012
that its nationals who are deployed abroad as part of a
peacekeeping or other similar mission do not engage in or
facilitate severe forms of trafficking or exploit victims of
such trafficking? If posts do not provide an answer to this
question, the Department may consider including a statement
in the country assessment to the effect that "An assessment
regarding Country X's efforts to ensure that its troops
deployed abroad for international peacekeeping missions do
not engage in or facilitate trafficking or exploit
trafficking victims was unavailable for this reporting
period."
(SBU) Not applicable to Hong Kong.
Para 30: PARTNERSHIPS
---------------------
-- A. Does the government engage with other governments,
civil society, and/or multilateral organizations to focus
attention and devote resources to addressing human
trafficking? If so, please provide details.
(SBU) Hong Kong continues to be an active participant in the
main multilateral forums dealing with human smuggling, human
trafficking and organized crime. During the reporting
period, the HKG regularly engaged with Post and visiting USG
officials on training and ways to address TIP. Hong Kong
authorities worked closely with the Philippines and Thai
governments to coordinate assistance and support to their
nationals who became trafficking victims in Hong Kong in
2009. NGOs have reported to Post that the HKG has increased
outreach to them in the past year.
-- B. What sort of international assistance does the
government provide to other countries to address TIP?
(SBU) Post is not aware of any assistance the Hong Kong
government provided to other countries to address TIP.
4. (U) Post point of contact is Poloff Lisa Tam, tel: (852)
2841-2139, fax: (852) 2526-7382, email: TamLY@state.gov.
5. (U) Hours spent on drafting this report cable:
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FS2-2
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