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