[Global Network Reporter Zhao Youping] According to the press release just released by the Hong Kong Special Administrative Region Government, a spokesperson for the Hong Kong Government said today (2nd) that the Hong Kong Special Administrative Region Government strongly opposes the bias and bias in the "2021 U.S. Trafficking in Persons Report" issued by the U.S. State Department. An unreasonable assessment has never shown that criminal groups use Hong Kong as a destination or transit point for human trafficking. Human trafficking has never been a common problem in Hong Kong.
The following is the full text of the Hong Kong Government Press Communiqué:
A government spokesperson said today (2nd) that the Hong Kong Special Administrative Region government strongly opposes the biased and unreasonable assessments in the "2021 U.S. Trafficking in Persons Report" issued by the U.S. Department of State.
The spokesman said: "Hong Kong has always taken a proactive and multi-pronged approach to combat human trafficking in all directions. Human trafficking has never been a common problem in Hong Kong. The US State Department has not only ignored this fact, but also ignored our efforts to combat human trafficking over the years. The incomparable efforts made by human trafficking and the large amount of resources invested show that Hong Kong’s rating of the second level (watch list) is obviously based on prejudice and lack of substantive support."
Since 2018, the SAR government has taken a step forward to establish a high-level steering committee chaired by the Chief Secretary for Administration to provide policy guidance on combating human trafficking and protecting foreign domestic helpers.
The government has also formulated the "Action Plan to Combat Trafficking in Human Beings and Strengthen the Protection of Foreign Domestic Helpers", the measures in which are comprehensive, strategic and targeted.
Starting from the 2019-20 financial year, the government has allocated an additional HK$62 million each year to create 98 new posts in different departments to support the implementation of the Action Plan.
The 34 measures in the Action Plan have all been implemented by the end of 2019.
"Among the different new measures and developments, the Labour Department set up a dedicated FDH section in September 2020 to strengthen the protection of foreign domestic helpers. The main tasks of the FDH section include: strengthening publicity and education to deepen the understanding of foreign domestic helpers and their employers. To understand their own rights and responsibilities; to provide support services for foreign domestic helpers and their employers; and to support the implementation of policies and measures for foreign domestic helpers. In addition, the Immigration Department has also established a new “Special Investigation Team for Foreign Domestic Helpers” to strengthen the examination of all foreign domestic helpers’ visas Apply and conduct criminal investigations into human trafficking-related crimes related to immigration matters."
In 2020, the Labour Department will continue to take stringent enforcement actions against employment agencies.
The Labour Department conducts about 2,000 routine and surprise inspections of employment agencies every year to ensure that the employment agencies comply with the Employment Ordinance (Chapter 57), the Employment Agency Regulations (Chapter 57A) and the Employment Agency Code of Practice for operating business.
After receiving a complaint from a job seeker or employer, the Labour Department will launch an investigation as soon as possible.
In 2020, the Labour Department successfully prosecuted 11 employment agencies under the Employment Ordinance, of which 3 were involved in overcharging job seekers’ commissions, 3 were involved in unlicensed operations and 5 were involved in other crimes.
During the same period, the Labour Department revoked or refused to issue licenses for seven employment agencies.
The spokesperson added: “There has never been any sign that criminal groups use Hong Kong as a destination or transit point for human trafficking. Even in the face of the COVID-19 pandemic, the SAR government’s determination to combat human trafficking will not be shaken. In 2020 The Hong Kong Police Force, the Hong Kong Customs, the Immigration Department and the Labour Department have conducted more than 6,900 preliminary identification audits, and only 3 people have been identified as victims; the very small number and proportion of people identified as victims confirms our observations. , That is, human trafficking has never been a widespread problem in Hong Kong."
The SAR government has repeatedly reiterated that the existing legal framework is comprehensive and effective in Hong Kong, and human trafficking has never been a problem in Hong Kong.
Every jurisdiction should have its own space to determine the best legal framework to solve the problem. There is no such thing as a universal solution.
It is also worth noting that the Hong Kong Court of Final Appeal issued a ruling in January 2020, confirming that the SAR government not only has no mandatory obligations to formulate and maintain a specific criminal offence that deals with trafficking in persons, but also has broad discretion to decide what to do. It is extremely unreasonable to fulfill the obligation to deal with human trafficking in this way, and continue to criticize our effective legal models.
The spokesman said: "We also wish to reiterate that investigating human trafficking cases and prosecuting related prosecutions involve a lot of time and human resources. Whether and how to prosecute the relevant persons and whether they can be convicted depends largely on the merits of individual cases. , Facts and evidence, and other factors, such as whether the victim is willing to continue to be investigated. In addition, the SAR government has always provided various assistance to victims of human trafficking in need, and they can choose whether to accept the services we provide. The report says Hong Kong’s lack of human trafficking-related enforcement actions and prosecutions, as well as the lack of assistance to victims, are completely groundless."
The spokesperson also emphasized: "We must point out that the four types of crimes endangering national security stipulated by the Hong Kong National Security Law are clearly defined. The elements, penalties, mitigating factors and consequences of the relevant crimes have been clearly specified. Behaviors and activities endangering national security are normal. There is a clear difference between the exchanges. People who are law-abiding will not fall into the law net by mistake. The U.S. State Department’s remarks on Hong Kong’s National Security Law in the report are clearly inconsistent with facts.
The spokesperson said: "The government has invested a lot of time and resources in combating human trafficking and protecting foreign domestic helpers from exploitation. Unfortunately, Hong Kong’s efforts and significant progress in policy guidance and frontline enforcement have not been achieved. Recognized by the US State Department. Hong Kong will never tolerate human trafficking. Our comprehensive "action plan", comprehensive legal framework, strict enforcement actions, judicial independence, the rule of law, and a clean government are the conditions for combating human trafficking and related crimes. The work provided a solid foundation. We deeply regret the biased and unfair evaluation in the report."