2006 TRAFFICKING IN PERSONS REPORT: HONG KONG

UNCLAS SECTION 01 OF 11 HONG KONG 000817

SIPDIS

SENSITIVE
SIPDIS

NSC FOR DENNIS WILDER
DEPT FOR EAP/CM, G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP

E.O. 12958: N/A
TAGS: PHUM PINR PGOV HK CH KCRM KWMN SMIG KFRD
ASEC, PREF, ELAB
SUBJECT: 2006 TRAFFICKING IN PERSONS REPORT: HONG KONG

REF: A. SECSTATE 003836

B. HONG KONG 0216

C. 04 HONG KONG 6213

D. 04 HONG KONG 3675

E. 04 HONG KONG 2840

F. 04 HONG KONG 6987

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1. (SBU) Hong Kong is in compliance with the standards
described in Ref A for the elimination of trafficking in
persons. There has been further improvement over the past
year in those areas that have, for the past five years,
justified Hong Kong's inclusion on the Department's "Tier 1"
list. The Government has made steady improvement in its
ability to identify victims, document their cases, and help
them find assistance. Hong Kong's efforts to fight
trafficking -- as outlined below and in previous reporting --
and its continued efforts to improve in all areas of
prevention, prosecution, and protection, place Hong Kong
squarely in the category of Tier 1 countries in at least
minimum compliance with the standards for the elimination of
trafficking in persons. (Refs B, C, D, E, and F)

Overview of Trafficking Problem
--------------


2. (SBU) An international air, sea and land traffic hub,
handling over 50 million travelers and 20 million ocean-going
shipping containers annually, located in a migrant-producing
region, Hong Kong is -- despite vigorous counter-efforts -- a
place through which would-be illegal migrants seek to pass on
their way from China and other nations to third countries.
In most cases, these migrants transit Hong Kong of their own
volition on fraudulent documents that they have purchased.
No one knows how many of the intending illegal migrants who
transit Hong Kong are trafficked. However, given that these
migrants often are assisted in their travel by human
smuggling organizations, and given what is known about the
working conditions of most PRC-origin illegal immigrants who
reach their destinations in the United States or elsewhere,
it is reasonable to suspect that some of these people are
"trafficked" in the sense that they are subjected to debt
bondage, forced prostitution, and/or forced labor upon
arrival in the destination countries. In this sense, the
"trafficking" activities can take place largely in the United
States or other destination countries.


3. (SBU) Hong Kong's wealthy society is also a destination
point for intending migrants, including a relatively small
number who may fit the broad definition of "trafficked
persons" used for this report. Each year, Hong Kong law
enforcement authorities catch several thousand illegal
immigrants, many with forged travel documents, attempting to
enter or transit Hong Kong. While Hong Kong law enforcement
officials are trained to identify trafficking cases, it is
possible that a small number of these illegal immigrants are
trafficking victims.


4. (SBU) In response to our request for more complete
documentation of trafficking cases, Hong Kong authorities in
2004 started to maintain case documentation on suspected
trafficked persons, including details of the arrests,
processing and sentencing. This year, the Hong Kong Security
Bureau provided us with three such documented cases. Case 1:
In August 2005, police arrested 18 mainland prostitutes and
one mainland male during an anti-vice raid. Four of the
prostitutes claimed they were brought to Hong Kong by the
male. The male was arrested on suspicion of trafficking in
persons but not charged due to lack of evidence. All the
prostitutes were repatriated to the mainland. Case 2: In
August 2005, police arrested a mainland prostitute on
immigration charges during an anti-vice raid. The prostitute

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claimed that a second prostitute had accompanied her to Hong
Kong from the mainland and arranged for her prostitution.
The second prostitute was arrested, but no charges were filed
after the victim refused to testify. The first prostitute
was repatriated to the mainland. Case 3: In November 2005,
police arrested two prostitutes during an anti-vice raid.
The prostitutes claimed that a Chinese female had brought
them to Hong Kong for the purpose of prostitution. The
Chinese female was arrested and charged with "living off the
earning of prostitution" and "aiding and abetting breech of
condition of stay." The trail is scheduled for March 2006.
The two prostitutes were repatriated to the mainland. Police
said that in each of these cases the women entered Hong Kong
on their own volition, and that no force, fraud or coercion
was reported or suspected.


5. (SBU) Hong Kong authorities also provided us with the
details of two other possible trafficking cases where
stowaways were apprehended in the U.S. inside shipping
containers that were aboard vessels that transited Hong Kong.
Case 1: In January 2005, 32 Chinese male stowaways were
intercepted at the port of Los Angeles in two containers that
had been loaded in Shekou, China. The investigation revealed
that the men had remained on board during the vessel's stop
in Hong Kong. Case 2: In April 2005, 29 Chinese male
stowaways were intercepted at the port of Los Angeles in two
containers that had been loaded in Shekou, China. The
investigation revealed that the stowaways had remained on
board during the vessel's stop in Hong Kong.


6. (SBU) The Security Bureau has also instructed its field
offices to carefully document cases in which trafficking is
suspected. Though the data provided by the Government are
not yet as comprehensive as we might like, by identification
and documentation of cases of possible trafficking-related
activities, the Government has taken steps to improve its
data collection capabilities and increase front-line
awareness of possible trafficking activities. Various Hong
Kong Government offices, human rights and other NGOs,
academics, and the media often do not agree on what
constitutes trafficking; nevertheless, the information
available from these sources regarding aspects of possible
trafficking and related human smuggling is generally reliable.


7. (SBU) No major changes in the direction or magnitude of
trafficking have been evident over the last year. Women from
mainland China, Southeast Asia, and elsewhere continued to
travel to Hong Kong of their own volition to engage in
prostitution. Criminal organizations reportedly provided
assistance for some of these women to travel from their home
countries, enter Hong Kong, and/or establish themselves in
the city. The terms of repayment for such "employment
assistance" can reportedly be onerous, often more onerous
than the women had been led to believe. Living and working
conditions also can be problematic, according to NGO and
press reports, involving close monitoring )- even
imprisonment -- during off hours, crowded boarding
arrangements, confiscated identity documents, and long
working hours. The authorities investigate reports of such
activities promptly. Organizers of prostitution rings,
whether or not involving trafficked persons, are prosecuted
under laws that criminalize profiting from the proceeds of
another person's prostitution.


8. (SBU) Some women reportedly come to Hong Kong for legal
employment, but find themselves deliberately placed in a
situation by their employer that pressures them into turning
to prostitution. For example, some women recruited to
perform as dancers in nightclubs find it difficult to repay
the debts incurred in coming to Hong Kong without
supplementing their basic salaries. Although usually not

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coerced into prostitution, many of these women reportedly
find it difficult to pursue alternative employment. The
Government reports that it rarely encounters cases where
visitors were forced to practice prostitution against their
will. A 2004 study by a Hong Kong University (HKU)
researcher identified 30 cases of forced prostitution that
had been reported in the ten-year period from 1990-2000. All
of these cases involved women who had been deceived into
coming to Hong Kong in the belief that they would be engaging
in other types of employment. Over the past five years, the
Hong Kong Government has identified an average of 2-3 cases
of forced prostitution per year )- a figure roughly
consistent with the HKU study. Since 1995, the Hong Kong
Government has successfully prosecuted several persons for
their involvement in trafficking-related activities.


9. (SBU) Visitors to Hong Kong found to be engaged in
prostitution are prosecuted for the offense of "breach of
condition of stay" under the Immigration Ordinance. All but
a couple of these visitors each year are determined to have
come to Hong Kong voluntarily and knowingly engaged in
illegal prostitution activities. Through heightened
awareness and improved documentation in recent years, Hong
Kong officials have improved their ability to identify the
small number of possible trafficking victims among these
illegal immigrants.


10. (SBU) The U.S. Consulate in Hong Kong sees two or three
cases a year involving attempts to smuggle children to the
U.S. through Hong Kong International Airport. These appear
to be "family reunification" cases, but we cannot rule out
the possibility that some may fit the definition of
trafficking in persons. The typical case involves an adult
female attempting to transit through Hong Kong from the PRC
with a small child, the latter of whom presents a U.S.
passport with a photo of an infant, which makes
identification impossible. The accompanying adult usually
describes herself as an "aunty" and claims she is taking the
child back to the U.S. to be reunited with illegal alien
parents. The adult often claims the child was sent to live
with relatives in China for language and cultural reasons and
is now going back to the United States. Because we cannot
positively identify the child, the Hong Kong Government's
policy is to send the woman and child back to the PRC. The
Hong Kong Immigration Department effectively prohibits
transit through Hong Kong without proper identification. In
such cases, we advise the adult to return to her local U.S.
consulate in the PRC to have the child's identity verified.
However, in about a third of these cases (approximately one
case per year, on average) the individuals fail to
subsequently report to the appropriate consulate. Therefore,
in these cases, we do not know if the children involved were
being trafficked.


11. (SBU) Hong Kong labor and other laws, which provide equal
protection to resident and imported workers alike, protect
these workers from maltreatment, and they are vigorously
enforced. Hong Kong's Employment Ordinance provides that
employers who violate contract terms or minimum wage
regulations (the latter of which apply only to foreign
domestic workers) can be fined and imprisoned. That said,
many domestics are afraid to complain, or are unaware of
their rights. There have reportedly been several cases in
recent years of domestic workers successfully bringing
charges against employers for maltreatment, including for
physical and sexual abuse. In several of these cases, the
employer received prison time for the offense.


12. (SBU) Hong Kong maintains effective border and
immigration controls. The entire 35-kilometer-long border
with mainland China is a closed and guarded area. A

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129-officer Quick Response Force patrols the border fence 24
hours a day using advanced technology equipment. The Customs
and Excise Department has stationed 2,400 officers at Hong
Kong International Airport, boundary points, major container
terminals, and the waters off Hong Kong specifically to
combat human smuggling and the transporting of illegal
migrants. The sea boundary is policed by the Marine Police,
which has a fleet of 151 watercraft. Customs conducts
regular harbor and container checks using advanced
technology. Every year more than 10,000 cargo containers are
inspected. Customs launches patrol Hong Kong waters and
intercept suspicious vessels to conduct searches.
Immigration officials, in addition to enforcing standard
entry and exit regulations, conduct special operations at the
airport, patrolling in plain clothes even in transit areas,
inspecting travel documents and conducting inquiries and
investigations. A Special Investigative Section of the
Immigration Department investigates organized migrant
trafficking and works closely with mainland China and foreign
counterparts. The Government also counters human smuggling
through its "watch out" program, which involves a close
working relationship with container terminal operators,
shipping companies and cargo handlers.


13. (SBU) The Government devotes significant resources to
combat migrant smuggling and trafficking. Immigration,
customs and police departments are all well trained and
equipped to detect and investigate trafficking-related
criminal activities and arrest the perpetrators. The
Government conducts regular training on the use of
specialized equipment, such as mobile x-ray vehicle scanning
systems, to inspect outbound containers, and facial
recognition equipment to help verify the identity of new
arrivals.


14. (SBU) Hong Kong's Anti-Illegal Migration Agency (AIM)
uses professional and sophisticated intelligence analysis
mechanisms in concert with local, mainland, and foreign
counterparts to counter illegal migration and prevent Hong
Kong from being abused as a transit point by human
traffickers. The AIM conducts special operations, including
document spot-checks, with 61 plain-clothes investigators at
Hong Kong International Airport. Many intending illegal
immigrants transit Hong Kong using legitimate travel
documents to pass Hong Kong's strict controls, but exchange
them during subsequent transit stops prior to arrival at
their destinations.


15. (SBU) The Organized Crime and Triad Bureau of the Hong
Kong Police produces a biannual report on human smuggling for
the Joint Investigation Team on Human Smuggling. This report
serves as an update on changing tactics used by those engaged
in trafficking and smuggling activities. The Government
regularly shares information on local trafficking and
smuggling patterns with mainland China and foreign law
enforcement entities, including the United States.


16. (SBU) There is no evidence, or even any allegation, that
Government officials facilitate, condone, or are otherwise
complicit in trafficking activities. Anti-bribery and
anti-corruption laws are strictly and effectively enforced.


17. (SBU) Hong Kong is not a significant point of origin for
trafficking.


18. (SBU) There is no particular limitation on the
Government's ability to combat trafficking where Hong Kong is
a destination. However, trafficking-related activities that
skirt the edge of -- but do not violate -- the law, and
victims' desperation, complicity, fear and/or ignorance of
their rights make complete elimination of the problem very

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difficult.

Hong Kong's Efforts in Preventing and Combating Trafficking
-------------- --------------


19. (SBU) The Hong Kong Government recognizes that human
smuggling through its territory, some of which could involve
trafficking, is a problem that must be addressed. As a busy
and convenient sea/air hub, Hong Kong is vulnerable to human
trafficking. Prosecutions over the years show a willingness
and ability to combat trafficking when it is identified.
Hong Kong laws and law enforcement practices provide the
authorities the tools to detect and prohibit various aspects
of, and criminal behavior related to, trafficking in persons,
even as the Government considers the broadened definition of
trafficking as still under debate internationally. In the
context of significant illegal immigration to and through
Hong Kong, authorities are improving their ability to
identify those few who may become victims of trafficking.


20. (SBU) The Security Bureau has policy responsibility for
illegal migration and trafficking in persons and oversees the
police, customs and immigration departments, which are
responsible for enforcing laws that combat trafficking. Law
enforcement agencies liaise and cooperate with mainland China
and foreign authorities in facilitating intelligence exchange
on forgery and migrant smuggling syndicates and related
trends. Hong Kong immigration and police officials regularly
participate in international seminars on human smuggling,
document fraud, transnational organized crime, and
immigration control. Hong Kong authorities actively
cooperate with other law enforcement agencies in the region
and with Interpol on illegal immigration and trafficking
issues. The Government maintains links to the UN High
Commissioner for Refugees and the International Organization
for Migration, both of which have offices in Hong Kong.


21. (SBU) The Joint Investigative Team on Human Smuggling,
formed in 1998 to take action against organized human
smuggling, coordinates Police, Immigration and Customs
Department enforcement efforts and maintains links with
industries and with local and international bodies involved
in combating human smuggling. The Security Bureau has the
lead policy responsibility over human smuggling issues,
including trafficking in persons. In addition, the Home
Affairs Department, the Labor Department, and other
government Departments and Bureaus have responsibility for
various aspects of trafficking in persons. The Independent
Commission Against Corruption (ICAC) has since 1974 combated
corruption through effective law enforcement, education and
prevention in its mission to keep Hong Kong "fair, just,
stable, and prosperous."


22. (SBU) Foreign dometic helpers (FDHs) enjoy the same
access as localworkers to the Hong Kong Labor Department's
concliation services to arbitrate disputes with employrs.
As part of an effort to prevent the exploitaion of FDHs, the
Labor Department publishes "guiebooks" in several language
that explain the rights and benefits of FDHs, legislative
provisions guiding the operation of employment agencies, and
services provided by the Department. These guidebooks are
handed out when workers apply for identity documents, and are
distributed at strategic locations around the city,
including: the airport, district offices, consulates, offices
of labor and migrant groups, post offices and banks.
Additionally, short "publicity messages" promoting the
employment rights and benefits of FDHs are advertised in
local newspapers (in various languages) and on television.


23. (SBU) The Government's commitment to promoting equal
opportunity and its policy of free, universal and compulsory

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education through age 15, combine with Hong Kong's high
standard of living to eliminate most conditions that would
cause Hong Kong to be a source of trafficking in persons.
This commitment is reflected in the Sex Discrimination
Ordinance and the application of the Convention on the
Elimination of all forms of Discrimination Against Women
(CEDAW). The Hong Kong Women's Commission has the mission
"To enable women in Hong Kong to fully realize their due
status, rights and opportunities in all aspects of life."
Hong Kong's strong rule of law, entrenched civil liberties,
and vigorous law enforcement inhibit traffickers from using
Hong Kong as a transit point or as a destination for human
trafficking.

Investigation and Prosecution of Traffickers
--------------


24. (SBU) Specific provisions in the Immigration Ordinance,
the Crimes Ordinance, and other relevant laws enable law
enforcement authorities to take action against trafficking in
persons. For example, 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. Additionally, under the Offences Against
Persons Ordinance, traffickers who have detained a person
against his/her will may be subject to heavier penalties, up
to a maximum of life imprisonment -- a penalty comparable to
that of rape under the Crimes Ordinance.


25. (SBU) The Organized and Serious Crimes Ordinance provides
special powers of investigation of organized crime, deprives
criminals of the proceeds of specified offenses, and allows
the courts to impose enhanced sentences for specified
offenses, which include human smuggling and forgery of travel
documents. The Immigration Ordinance enables enforcement and
prosecution to prevent Hong Kong from being used as a
springboard for smuggling persons to or through Hong Kong.
Specific provisions outlaw (and provide for fines and prison
sentences as shown) such activities as: arranging passage of
unauthorized entrants into Hong Kong (up to $625,000 (HK$5
million) and 14 years in prison); assisting unauthorized
entrants to remain in Hong Kong (up to $62,500 (HK$500,000)
and 10 years in prison); carrying an unauthorized entrant on
board ship entering Hong Kong (up to $625,000 (HK$5 million)
and 14 years in prison); using or possessing a forged, false
or unlawfully obtained travel document (up to $18,750
(HK$150,000) and 14 years in prison); and aiding and abetting
any person to use such a document (up to $18,750 (HK$150,000)
and 14 years in prison).


26. (SBU) Prostitution is legal in Hong Kong, but a wide
range of provisions under the Crimes Ordinance target the
exploitation of prostitution in any form. Offenses include
living off the earnings of the prostitution of others,
keeping a vice establishment, leasing premises for use as a
vice establishment, permitting premises to be used for
prostitution and putting up signs advertising prostitution.
The Employment Ordinance provides that any employer who pays
less than the salary prescribed in a contract, which salary
must not be less than the legal minimum wage in the case of
foreign domestic workers, can be fined up to HK$200,000
(US$25,000) and imprisoned for up to one year. Traffickers
may also be prosecuted for blackmail under the Theft
Ordinance (maximum penalty 14 years) or for detaining by
fraud or force against a person's will under the Offences
Against Persons Ordinance (maximum penalty life
imprisonment). Individuals engaging in activities related to
trafficking are thus punished under several different laws.

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As indicated in the overview, the Government has started to
keep more complete documentation on cases prosecuted or
convicted for activities that the Government believes may be
related to trafficking.


27. (SBU) The Immigration Department's Special Investigation
Section and the Police Force's Organized Crime and Triad
Bureau are the primary law enforcement units that investigate
trafficking activities. During the reporting period, these
units conducted a series of simultaneous raids across Hong
Kong focused on organized crime syndicates involved in
trafficking women for prostitution. The raids came after a
10-month investigation and involved more than 300 uniformed
and under-cover officers. Police served 75 warrants on
various premises, seizing financial records, bank accounts,
and cash. Nine people were arrested, with further arrests
expected. Police believe the syndicate was involved in
recruiting sex workers from the mainland, arranging their
travel and permits, housing them, and collecting a share of
their earnings. In 2004, 19 individuals were convicted for
arranging/assisting passage of unauthorized entrants
to/within Hong Kong with sentences ranging from 2 months to
five years.


28. (SBU) Hong Kong does not normally prosecute trafficking
victims. Women who agreed to act as a witness for the
prosecution were as a rule granted immunity and allowed to
return to their home country without being charged for
illegal entry or breach of condition of stay. The following
2003 case illustrates how the Government typically uses its
prosecutorial discretion as a means to identify and
eventually prosecute the traffickers: Six Thai females with
valid travel documents were permitted to enter Hong Kong and
stay as visitors. They were later arrested by the police for
breach of condition of stay by working as prostitutes.
During the course of the investigation, four of them agreed
to act as prosecution witnesses against their handlers. They
were later granted immunity by the Department of Justice.
After the trial they were repatriated to Thailand. The other
two Thai females who refused to give evidence against the
handlers were charged with breach of condition of stay. They
were sentenced to one week's imprisonment and were
repatriated to Thailand after release from prison.


29. (SBU) Hong Kong law enforcement agencies cooperate
closely, extensively and successfully, and have long done so,
with many other law enforcement jurisdictions, including the
United States, European states, Australia, Canada and
mainland China to combat human smuggling and trafficking.
Recent examples of cooperation include: In 2005, Ping
Cheng-chui ("Sister Ping") was convicted in New York on human
trafficking charges with the help of Hong Kong authorities.
Cheng-chui had been extradited to the U.S. from Hong Kong in

2003. Another fugitive wanted in the U.S. for offenses
related to human trafficking was extradited in 2004. In
February 2004, the U.S. Immigration and Customs Enforcement
(ICE) Agency in Los Angeles acting on information from the
Hong Kong Organized Crime and Triad Bureau via the Hong Kong
ICE office intercepted a shipping container holding 19
mainland Chinese men. A Hong Kong man was arrested in the
case and convicted in Hong Kong of "Obtaining Services by
Deception" and "Aiding and Abetting in Stowaway" and
sentenced to four years and two months in prison. In
September 2004, a smuggling syndicate which also engaged in
illegal trafficking and production of forged documents was
broken up by the Immigration Department in cooperation with
the Guangdong Public Security Bureau (GDPSB). In November
2004, the Immigration Department in cooperation with the
Japanese Consulate General in Hong Kong mounted an operation
against a syndicate that helped Filipinos obtain fraudulent
documents to take up illegal employment in Japan.

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30. (SBU) Hong Kong has signed thirteen bilateral extradition
agreements providing for surrender of fugitives, including
for offenses related to trafficking in persons. The
U.S.-Hong Kong extradition agreement, in force since January
1998, for example, provides that extradition requests shall
be granted for such activities as dealing with trafficking in
persons, immigration offenses, and arranging for financial
gain the illegal entry of persons. Three individuals
suspected of involvement in human trafficking have been
extradited to the U.S. in the past four years. There is no
bar to extradition of Hong Kong passport holders under these
agreements, and several have been extradited to the United
States and other countries.


31. (SBU) There is no evidence or accusation of government
involvement in trafficking at any level.


32. (SBU) Under the 1984 Sino-British Joint Declaration, most
international treaties extended to Hong Kong as a colony of
Britain continued to apply to Hong Kong after reversion on
July 1, 1997. Since 1997, new multilateral conventions can
only be applied to Hong Kong with the assent of Hong Kong and
its new sovereign, the PRC. Thus three of the early
international treaties on trafficking, the 1904, 1910 and
1921 Conventions against "white slavery" and trafficking in
women and children, apply to Hong Kong (even though not to
China). The 1933 and 1949 Conventions do not (as they were
not ratified by the UK). The Convention for the Elimination
of All Forms of Discrimination against Women has applied to
Hong Kong since 1996 (and also applies to the PRC) and the
Hong Kong Government submitted its initial report to the
CEDAW Committee in October 1998 (through the Chinese central
government, which transmitted the report unedited).


33. (SBU) Of the general human rights instruments that
prohibit slavery, the ICCPR in particular applies to Hong
Kong, and the Government submitted its second ICCPR report in

2005. The Supplementary Convention on the Abolition of
Slavery, the Slave Trade and Institutions and Practices
Similar to Slavery (1957),which in particular prohibits debt
bondage, also applies to Hong Kong. The PRC signed the UN
Convention against Transnational Organized Crime, but did not
sign either of the two related protocols. The HK Government
agreed in principle to have the Convention apply to Hong
Kong. The ILO Convention 182 Concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labor was applied to Hong Kong on August 8, 2002, and
came into force August 8, 2003. Forced labor conventions
ILO29 and 105 have applied to Hong Kong without modification
since June 3, 1931 and November 25, 1959, respectively. The
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children has not been extended
to Hong Kong, but the Government's stated policy is to pursue
an integrated policy to combat, prevent and punish
trafficking in persons effectively. Hong Kong will seek
accession to the "Sale of Children Protocol" by extension of
China's future ratification, for which most legislative
provisions are already in place. The "Prevention of Child
Pornography Bill," which was the final necessary law to
comply with the Protocol, became effective in December 2003.
The Ordinance prohibits the making, production, distribution,
possession and advertising of child pornography, including
those on the Internet, as well as procurement of children for
making pornography. The Ordinance creates offenses of
arranging and advertising child sex tours, and applies
extra-territorial effect on certain sexual offenses against
children.

Protection and Assistance to Victims
--------------

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34. (SBU) Hong Kong's professional and disciplined law
enforcement officers, its highly developed and firmly
established rule of law, independent judiciary, active human
rights groups, and vigilant press corps contribute to a
system in which trafficking victims can receive appropriate
protection and assistance. The Social Welfare Department and
local NGOs offer an array of social services to victims of
trafficking, as well as other categories of persons in need.
Government-funded services -- by social welfare agencies and
through NGOs -- including welfare and psychological
assistance, as well as access to legal and medical services,
are available to all trafficking victims. These services are
not targeted just toward trafficked persons, but are
available to all victims of crimes and vulnerable persons.


35. (SBU) Trafficking victims suspected of having committed
offenses, such as a breach of condition of stay or using or
possessing fraudulent travel documents, are offered food and
basic necessities free of charge during their detention.
They are also entitled to apply for free legal aid in both
civil and criminal cases, as well as free medical treatment
as necessary. Recognizance in lieu of detention may be
granted to such victims, taking into consideration the
circumstances of each individual case. In 2004, about 6,500
illegal immigrants/overstayers referred to detention were
released on recognizance pending repatriation. Given that
trafficked persons are not always singled-out among other
victims, there is no estimate of how many such people were
released on recognizance or otherwise assisted by the
Government.


36. (SBU) The Hong Kong Hospital Authority provides public
medical services to trafficking victims, who enjoy the same
rights as other patients. The Department of Health operates
Female Social Hygiene Clinics, which offer free services to
all female sex workers without asking about their legal
status in Hong Kong. Four women's refuge centers (three
subsidized NGOs and one run by the Social Welfare Department)
serve victims of violence, abuse or exploitation, including
trafficking victims. These centers provide temporary free
accommodations and counseling. Refugee Center records
indicate that trafficking cases (either self-identified or
otherwise) seeking assistance are rare.


37. (SBU) In addition, the Government-funded Family Crisis
Support Center provides 24-hour support for victims,
including trafficking victims. The Center offers counseling,
a resource center, hotline service and referrals to community
groups. To date, no trafficking victims have sought this
service.


38. (SBU) For vulnerable witnesses and victims of child
abuse, the Social Welfare Department carries out joint
investigations with the police according to a set of handling
guidelines in place. Clinical psychologists are involved
whenever necessary. The Social Welfare Department has had in
place a Witness Support Program for vulnerable witnesses
since 1996. This program provides practical assistance and
emotional support to reduce the fear and anxiety of the
vulnerable witnesses during court proceedings. The Witness
Support program allows child victims of trafficking to give
evidence through recorded video interviews or by live
television link. A woman who agrees to testify as a witness
for the prosecution of a trafficker is as a rule granted
immunity from prosecution herself; other forms of cooperation
may be also taken into account in mitigation of any sentence
she might receive. Hong Kong's criminal Procedure Ordinance
provides special procedures designed to protect vulnerable
witnesses, including victims of trafficking.


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39. (SBU) Trafficking victims also have access to the Hong
Kong office of the UN High Commissioner for Refugees and of
the International Organization for Migration, as well as
local consulates. With a growing array of social services
available to those who are confirmed victims of trafficking,
the Government's mounting ability to identify trafficked
persons will increase the likelihood that possible
trafficking victims receive appropriate assistance. Illegal
migrants are regularly arrested and prosecuted for illegal
entry or stay in Hong Kong, use of forged documents, and the
like. If convicted, the individuals will be deported after
they serve their sentence. Prostitutes are usually arrested
and prosecuted for breach of condition of stay and/or
overstaying their visa (since prostitution is technically
legal in Hong Kong). Over the past year, authorities have
taken steps to raise the awareness of front-line officers to
trafficking in persons.


40. (SBU) The Security Bureau has directed field offices to
more carefully document cases and be more vigilant in their
identification of possible trafficking victims. This will
facilitate the Government's efforts to extend assistance to
these victims. In most cases of possible victims of
trafficking for forced prostitution the practice has been to
return them home without charging them with an offense. The
Government does not fund the trip home. However, the law
allows the Government to consider, before making its decision
to deport, whether a person would be jeopardized in the
country to which he/she is to be removed.


41. (SBU) The Government provides training to its police
officers in the handling of vulnerable witnesses and victims.
A special unit within the Police Force is responsible for
protection of vulnerable witnesses and victims. Government
social workers are trained to handle the trauma and
psychological needs of all victims, including trafficked
persons. These social workers regularly take part in joint
training with police officers on handling vulnerable
witnesses and victims.


42. (SBU) Various NGOs involved in the promotion of the
rights of foreign domestic workers and/or sex workers in Hong
Kong have demonstrated a willingness to work with trafficking
victims. These organizations accommodate and support victims
in need. NGOs such as Action for Reach Out and Zi Teng
provide assistance and support to sex workers. Both groups
told us they have encountered no trafficking victims in the
past year. Zi Teng also produces research reports
highlighting the special concerns of sex workers in the
region and consults with the Government to explore solutions
to the problems of sex workers. The Asian Migrants
Coordinating Body; the Association of Indonesian Migrant
Workers; and other organizations also provide assistance and
support services to migrant workers in Hong Kong.


43. (SBU) In the case of foreign domestic helpers (FDH),the
Labor Department (LD) encourages victims of employers
violating contract or minimum wage regulations to come
forward to assist prosecutors and, if necessary, to serve as
prosecution witnesses. The LD attaches great importance to
protecting the rights and benefits of FDH's. Should
conciliation fail, an FDH can seek adjudication with the
Labor Tribunal or the Minor Employment Claims Adjudication
Board (MECAB),depending on the claim amount, like employees
in other professions. To step up prosecution action against
breaches of the Employment Ordinance, including underpayment
of wages, the LD set up the Employment Claims Investigation
Unit to investigate wage offense complaints from both local
workers and FDH's. The LD publishes a leaflet in six
languages for FDH's reference on criminal proceedings and to
encourage them to come forward as prosecution witnesses. The

HONG KONG 00000817 011.2 OF 011


LD provides a 24-hour telephone enquiry service for FDH's to
call for information about available government services and
assistance.


44. (U) Post point of contact is poloff Donald Conner, Tel.
(852)2841-2139, Fax (852)2526-7382; unclass email:
connerdl@state.gov.

Hours required to do the report:
FS4 - 26
FS2 ) 2
FS1 - 2
OC - 1
Cunningham