Human trafficking law is long overdue
Human trafficking is a global problem with millions of victims, mostly in Asia. Hong Kong is not immune to this serious crime. The city has long faced allegations that it is a hub for such activities and is failing to do enough to prevent them. Last month, a judge ruled on a shocking court case brought by a domestic helper from the Philippines who was sexually abused by her employer. Mr Justice Russell Coleman declared that the absence of a dedicated law tackling forced labour had led to failures in the police investigation. He ruled the government had breached its duty to “afford practical and effective protection” for victims.
An elderly doctor was convicted of indecently assaulting the domestic worker and jailed for 30 months. But she said these crimes were just the tip of the iceberg and alleged she was a victim of human trafficking and forced labour. She also provided evidence that other women had been abused by her employer.
Hong Kong launched an action plan to combat human trafficking and provide better protection for domestic helpers in 2018. It put in place new screening mechanisms and dedicated teams to tackle the problem. But this did not help the domestic worker in the case concerned, even though she was initially classified as a victim of trafficking. This decision was later reversed and police failed to properly investigate her wider claims.
Coleman said officers had adopted a narrow approach because of the lack of a specific law making forced labour a criminal offence. Legislation was needed to direct and regulate the conduct of investigations into suspected cases of forced labour. Another judge had made a similar call for legislation in a different case in 2016. The Court of Final Appeal ultimately decided that case did not require the passing of a new law, but it said a future case might do so.
The city has, for years, faced calls for laws on human trafficking and forced labour. But the government has argued the existing arrangements are sufficient. Care would need to be taken in drafting such a law, but it is long overdue. Legislation is needed to better protect and support victims of these terrible crimes while ensuring the guilty are brought to justice.