2007 TRAFFICKING IN PERSONS REPORT: HONG KONG

UNCLAS HONG KONG 000584

SIPDIS

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: KCRM KWMN KFRD ASEC ELAB PHUM PINR PGOV PREF
SMIG, HK, CH, MC
SUBJECT: 2007 TRAFFICKING IN PERSONS REPORT: HONG KONG

REF: SECSTATE 00202745


1. (SBU) Per the ref, the following are post's contributions
to the seventh annual Trafficking in Persons report for the
Hong Kong Special Administrative Region (HKSAR) of the
People's Republic of China. (Note: Per instructions,
subheadings, questions, and paragraph letters correspond to
those in paragraphs 27-30 of ref. End note.)

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

(A) (U) Is the jurisdiction one of origin, transit, or
destination for internationally trafficked men, women, or
children? Provide, where possible, numbers or estimates for
each group; how they were trafficked, to where, and for what
purpose. (Note: Questions regarding territory outside the
government's control are not applicable. End note.) Are any
estimates or reliable numbers available as to the extent or
magnitude of the problem? What is (are) the source(s) of
available information on trafficking in persons or what plans
are in place (if any) to undertake documentation of
trafficking? How reliable are the numbers and these sources?
Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?

-- (SBU) Hong Kong is not a significant point of origin,
transit, or destination for internationally trafficked men,
women, or children. Although the Government's numbers differ
slightly from those of non-governmental organizations, the
highest reliable estimate -- provided by an international
non-governmental organization -- was 15 cases of trafficking
in women throughout the reporting period. The Government
reported only one case of trafficking and two cases of
suspected trafficking. 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 cases are
judiciously reported and victims can receive appropriate
protection and assistance. Women from mainland China,
Southeast Asia, and elsewhere continued to travel to Hong
Kong of their own volition to engage in prostitution, and no
major changes in the direction or magnitude of trafficking
have been evident over the last year.

-- (SBU) 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 were initially led to believe. Living and
working conditions also can be problematic, according to NGO
and press reports, involving close monitoring -- including
confinement -- 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 or other relevant statutes.

-- (SBU) Although Hong Kong Special Administrative Region
Government (HKSARG) offices, human rights and other NGOs,
academics, and the media in the past often have not agreed on
what constitutes trafficking, the information available from
these sources regarding aspects of possible trafficking and
related human smuggling is generally reliable.

(B) (U) Please provide a general overview of the trafficking
situation in the jurisdiction and any changes since the last
TIP Report (e.g. changes in direction). Also briefly explain
the political will to address trafficking in persons. Other
items to address may include: What kind of conditions are
the victims trafficked into? Which populations are targeted
by the traffickers? Who are the traffickers? What methods
are used to approach victims? (Are they offered lucrative
jobs, sold by their families, approached by friends of
friends, etc.?) What methods are used to move the victims
(e.g., are false documents being used?).

-- (SBU) An international air, sea and land traffic hub,
handling many million travelers and 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.
According to government statistics, in 2006, the Hong Kong
authorities intercepted 3,173 illegal immigrants, compared to
2,191 during 2005. 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 and/or forced labor upon arrival in
the destination countries.

-- (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, and are
supported by sophisticated border control technologies, it is
possible that a small number of illegal immigrants are
trafficking victims.

-- (SBU) Cases of trafficking recorded in the HKSAR are rare.
Most illegal immigrants who enter Hong Kong aiming to engage
in unlawful employment come on their own volition, and there
is rarely evidence of force, fraud or coercion. 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 coerced into prostitution,
many of these women reportedly find it difficult to pursue
alternative employment.

-- (SBU) As Hong Kong is a major transportation hub in the
region, the government has consistently considered human
trafficking as an area of concern. Therefore, the HKSARG's
law enforcement agencies, namely the Customs and Excise
Department, the Immigration Department and the Hong Kong
Police Force, together with relevant departments and
stakeholders including INTERPOL and overseas and mainland
counterparts, as well as local consulates and relevant
industries, work closely to combat trafficking.

(C) (U) What are the limitations on the government's ability
to address this problem 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) 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 f -- but do not violate -- the law, and
victims' esperation, complicity, fear and/or ignorance oftheir rights make complete elimination of the probem very
difficult.

-- (SBU) The HKSARG has mantained close liaison and
cooperation with oversas counterparts, relevant inustry and
local consulates as part of its anti-trafficking efforts. In
this connection, the Police had received one report from the
Philippines Consul General