The Hong Kong Special Administrative Region Government said today the US Department of State (USDS)’s Trafficking in Persons Report 2021 rating Hong Kong on a Tier-2 Watch List is obviously biased and not substantiated by facts.

The Hong Kong SAR Government made the statement today, saying that it vehemently objects to the biased and unreasonable assessment of the report.

It said Hong Kong has all along been making proactive, all-out and multi-pronged efforts to combat trafficking in persons (TIP). The USDS ignored the fact that TIP has never been a prevalent problem in Hong Kong and neglected Hong Kong’s unparalleled efforts made over the years and the substantial amount of resources injected in the fight against TIP.

It pointed out that since 2018, the Hong Kong SAR Government set up a high-level steering committee, chaired by the Chief Secretary, to provide policy steering on actions against TIP and protection of foreign domestic helpers (FDHs).

The Action Plan to Tackle TIP and to Enhance Protection of FDHs in Hong Kong has also been promulgated. Additional funding amounting to $62 million annually was also allocated to support the implementation of the action plan since the 2019-20 financial year. All 34 measures in the action plan were firmly in place by end of 2019.

Meanwhile, the Immigration Department has set up the new FDH Special Investigation Section to step up the checking of all FDH visa applications, as well as to conduct criminal investigations into TIP-related offences in relation to immigration matters.

The Hong Kong SAR Government emphasised that there has never been any sign that Hong Kong is being actively used by syndicates as a destination or transit point for TIP. Even the COVID-19 pandemic has not swayed its determination in the fight against TIP on all fronts.

In 2020, over 6,900 initial screenings were conducted by various departments, with only three victims identified, which reinforces that TIP has never been a prevalent problem in Hong Kong, it added.

The statement also noted that the Hong Kong Court of Final Appeal handed down a judgment in January 2020, confirming that the Hong Kong SAR Government has no positive obligation to enact and maintain a criminal offence specifically for dealing with TIP violations, and has a wide margin of discretion in the manner in which it complies with its obligations to tackle TIP. 

To persistently attack Hong Kong's multi-legislation approach which has proven to be effective, is grossly unreasonable, the statement added.

The Hong Kong SAR Government reiterated that it has been offering a variety of assistance to TIP victims. The report's accusation of the lack of enforcement, prosecution or assistance is entirely baseless.

Regarding comments on Hong Kong’s National Security Law in the report, the Hong Kong SAR Government said they clearly do not reflect the facts.

It stressed that the four categories of offences of endangering national security which the National Security Law provides, are clearly defined with the elements of the offences, the penalties, mitigation factors and consequences clearly prescribed.

It added that acts and activities endangering national security are distinctly different from normal interactions and law-abiding people will not unwittingly violate the law.