VZCZCXYZ0011
PP RUEHWEB

DE RUEHHK #0386/01 0621015
ZNR UUUUU ZZH (CCY AD38AA7A MSI2272-695)
P 031015Z MAR 09
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC PRIORITY 7012
INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORIY

UNCLAS HONG KONG 000386 
 
SENSITIVE 
SIPDIS 
 
C  O R R E C T E D COPY CAPTION 
 
DEPT FOR G/TIP, G, DRL, INL, EAP/RSP, EAP/CM 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM PHUM SMIG HK MC CH
SUBJECT: SUBMISSION FOR 2009 TRAFFICKING IN PERSONS REPORT: 
HONG KONG 
 
REF: STATE 132759 
 
¶1. (SBU) Per reftel, the following are post's contributions 
to the ninth annual Trafficking in Persons (TIP) report for 
the Hong Kong Special Administrative Region (HKSAR) of the 
People's Republic of China.  (Note: Per instructions, 
subheadings and answers correspond to questions posed in 
paragraphs 23-27 of ref.  End note.) 
 
¶2. (SBU) Comment: During the reporting period, Hong Kong has 
seen few practical or legal changes to its continued vigilant 
and comprehensive approach toward combating human 
trafficking.  The Hong Kong Special Administrative Region 
Government (HKSARG) remained committed to tackling all 
aspects of trafficking by continuing to train front-line 
officers and social service providers, investigate suspected 
cases and apply relevant laws in the prosecution of 
trafficking offenses.  The HKSARG continued to cooperate 
closely with local non-government organizations (NGOs) to 
stretched a high level of victim support services.  Despite 
these robust efforts, the HKSARG resources likely have been 
strained by the dramatic increase in recent years of Mainland 
women illegally entering Hong Kong to participate in sex 
work.   As a result, it is possible that a small number of 
these illegal migrants fit the definition of trafficking 
victims but are not correctly identified as such by Hong Kong 
authorities. 
 
¶3. (SBU) Comment (cont'd): Despite efforts to regulate the 
thousands of foreign domestic helpers (FDHs) from the 
Philippines and Indonesia working in Hong Kong, reports 
continued to emerge about a growing number of Indonesian FDHs 
experiencing varying levels of debt bondage and involuntary 
servitude.  Some FDHs are forced to repay Indonesian 
recruitment agencies HKD 21,000 (approx. USD 2,700) within 
the first seven months of employment, amounting to roughly 90 
percent of a worker's monthly salary.  An unknown number of 
Hong Kong-licensed employment agencies reportedly participate 
in this debt scheme by illegally confiscating the FDHs' 
passports and employment contracts upon arrival and 
withholding them until the debt has been completely repaid. 
End comment. 
 
 
THE COUNTRY'S TIP SITUATION: 
--------------------------- 
¶A. (SBU) The HKSARG, human rights and labor non-government 
organizations (NGOs), academics and the media maintain a high 
level of interest and scrutiny on TIP-related issues, and 
report their findings in an open and accessible manner. 
Information from this wide range of sources generally has 
been reliable. 
 
¶B. (SBU) Hong Kong is not a significant point of origin, 
transit, and/or destination for internationally trafficked 
men, women or children. The government reported one 
trafficking prosecution and one suspected trafficking case 
during the reporting period. Hong Kong's firmly established 
rule of law, independent judiciary, highly-trained law 
enforcement officers, active human rights groups and vigilant 
press corps contribute to a system in which trafficking cases 
are reported and investigated, and victims receive 
appropriate protection and assistance.  Women, primarily from 
mainland China and Southeast Asia, continue to travel to Hong 
Kong of their own volition to engage in sex work, posing an 
immigration but not necessarily a trafficking challenge for 
Hong Kong authorities. However, given the dramatic increase 
in recent years of mainland Chinese women illegally entering 
Hong Kong to participate in sex work and the likely strain it 
has put on immigration and law enforcement resources, it is 
likely that a small number of these illegal migrants are 
trafficking victims but are not correctly identified as such 
by Hong Kong authorities.  Overall, our research has not 
indicated significant changes to the magnitude or scope of 
human trafficking crimes in Hong Kong. 
 
¶C. (SBU) While many women initially come to Hong Kong 
willingly to engage in prostitution, some are lured by 
criminal syndicates or acquaintances and deceived about the 
nature of their future job.  Once in Hong Kong, they are 
forced into prostitution under conditions of debt bondage. 
Traffickers sometimes hold onto the women's travel documents 
until debts are paid. 
 
¶D. (SBU) Previously documented trafficking cases have 
typically involved women from poor rural areas of mainland 
China and Southeast Asia, particularly Thailand and the 
Philippines. 
 
¶E. (SBU) Information from the relatively small number of 
 
documented trafficking cases in Hong Kong, information from 
those cases suggests criminal organizations sometimes 
facilitate illegal migrants entering Hong Kong with 
fraudulent documents and/or establishing themselves in the 
city.  A growing body of research indicates most women are 
approached by acquaintances from their home village/town and 
promised service industry jobs to include but not limited to 
waitressing, foot massage, car washing, and cleaning. 
However, upon arrival, they find themselves forced into 
prostitution in order to pay back significant debt incurred 
in coming to Hong Kong. 
 
 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
--------------------------------------------- ----------- 
 
¶A. (SBU) The Hong Kong government recognizes its position as 
an international transportation traffic hub makes it 
vulnerable to illegal migration and human smuggling, some of 
which could involve trafficking.  It continues to employ 
stringent and comprehensive measures to detect, prosecute and 
prevent human trafficking crimes.  While trafficking cases 
continue to be rare, Hong Kong law enforcement agencies have 
shown a willingness and capability to utilize all relevant 
laws to prosecute trafficking offenses when identified.  Hong 
Kong laws and law enforcement practices are well-equipped to 
detect and prosecute various aspects of, and criminal 
behavior related to, human trafficking. 
 
¶B. (SBU) The Security Bureau (SB) has policy responsibility 
for illegal immigration and TIP and administrative control 
over the police, customs and immigration departments, which 
are responsible for enforcing laws that combat trafficking. 
These law enforcement agencies liaise and cooperate with 
mainland China and foreign authorities in intelligence 
exchange on forgery, migrant smuggling syndicates, and 
related trends. Hong Kong law enforcement agencies continue 
to be regular participants at international conferences and 
seminars on transnational crime, immigration control, 
document fraud, and victim identification.  Hong Kong 
authorities also work closely with Interpol and other law 
enforcement agencies in the region on trafficking and illegal 
migration issues. 
 
-- (SBU) The Joint Investigative Team (JIT) 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 
private sector organizations and with local and international 
bodies involved in combating human smuggling.  They are 
further tasked with monitoring the implementation of the 
government's anti-trafficking policies and recommending 
appropriate strategies and tactical responses. 
 
-- (SBU) The Social Welfare Department (SWD) and the Hospital 
Authority collaborate to ensure a comprehensive and concerted 
approach to victim support and assistance.  The SWD also 
carries out public education and awareness campaigns aimed at 
increasing prevention and detection.  The Home Affairs 
Bureau, Labor Department, and other government departments 
and bureaus are responsible for various aspects of 
trafficking in persons.  The Hong Kong government also 
maintains links to the UN High Commissioner for Refugees and 
the International Organization for Migration, both of which 
have offices in Hong Kong. 
 
¶C. (SBU) There is no particular limitation on the 
government's ability to address human trafficking in Hong 
Kong.  A sophisticated legal system, adequate training and 
funding across the government, and a demonstrated commitment 
contribute to an effective anti-trafficking regime.  However, 
a dramatic increase in recent years of mainland Chinese women 
illegally entering Hong Kong to participate in sex work 
likely has strained immigration and law enforcement resources 
to a degree. As a result, it is likely that a small number of 
these illegal migrants are trafficking victims but are not 
correctly identified as such by Hong Kong authorities. 
 
¶D. (SBU) The Security Bureau (SB) regularly reviews and 
closely monitors the performance of LEAs in the fight against 
human trafficking.  LEAs are expected to carefully document 
all cases where trafficking is suspected.  The SB monitors 
daily police reports for confirmed or suspected trafficking 
cases and seeks further details from the appropriate police 
unit for follow-up and reporting.  When reviewing deportation 
orders, SB is alert to possible trafficking victims amongst 
the proposed deportees.  The Hong Kong Police (HKP) provides 
SB with a quarterly "Trafficking in Women" report.  At the 
operational level, Hong Kong Police's Organized Crime and 
Triad Bureau (OCTB) (the unit responsible for investigating 
 
the most serious trafficking cases) produces biannual reports 
for the inter-departmental Joint Investigative Team on Human 
Smuggling. 
 
-- (SBU) The HKG's anti-trafficking efforts are widely 
publicized on various government websites and shared through 
participation in numerous regional/international 
organizations.  The HKSARG is a member of the Asia-Pacific 
Consultations on Refugees, Displaced Persons and Migrants; 
the Asia-Pacific Economic Cooperation forum; the Bali Process 
on People Smuggling, Trafficking In Persons and Related 
Transnational Crime;  and INTERPOL. 
 
-- (SBU) The HKSARG consistently responds to post's requests 
for information in a timely manner. 
 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
--------------------------------------------- 
 
¶A. (SBU) Hong Kong does not have a comprehensive law 
prohibiting all forms of trafficking; however, taken 
together, Hong Kong laws adequately cover the full scope of 
trafficking in persons.  Specific provisions in the 
Immigration Ordinance (Section 37D of Cap. 115; July 1, 
1997), the Crimes Ordinance (Section 129 of Cap. 200; which 
includes trafficking for prostitution; July 1, 1997), the 
Stowaways Ordinance (Cap. 83; July 1, 1997) 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. 
Moreover, under the Organized & Serious Crimes Ordinance, law 
enforcement authorities can apply for "enhanced sentencing 
and confiscation of crime proceeds from criminals convicted 
of such offences." 
 
¶B. (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 Crimes Ordinance (section 129 of Cap. 200) 
punishes trafficking to or from Hong Kong for prostitution. 
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 USD 625,000 (HKD 
5 million) and 14 years in prison); assisting unauthorized 
entrants to remain in Hong Kong (up to USD 62,500 (HKD 
500,000) and 10 years in prison); carrying an unauthorized 
entrant on board ship entering Hong Kong (up to USD 625,000 
(HKD 5 million) and 14 years in prison); using or possessing 
a forged, false or unlawfully obtained travel document (up to 
USD 18,750 (HKD 150,000) and 14 years in prison); and aiding 
and abetting any person to use such a document (up to USD 
18,750 (HKD 150,000) and 14 years in prison). 
 
¶C. (SBU) Hong Kong uses a combination of immigration and 
labor laws to prosecute labor trafficking and related 
offenses.  Hong Kong's Bill of Rights Article 4 denounces 
forced and bonded labor.  Under the Employment Ordinance 
(EO), employers who violate contract terms or minimum wage 
regulations (the latter only applies to foreign domestic 
helpers (FDHs)) can be fined and imprisoned.  Any employer 
who pays less than the legal minimum wage for FDHs can be 
fined HKD 200,000 (USD 25,000) and imprisoned 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). 
 
-- (SBU) The Employment Ordinance (Cap. 57; July 1, 1997) 
regulates the operation of employment agencies (EAs) in Hong 
Kong.  An EA is only allowed to charge job-seekers (including 
FDHs) a commission of not more than 10% of the first month's 
wages received upon successful placement.  Overcharging is a 
criminal offense and carries a maximum fine of HK$50,000 
(US$6,410).  The Labor Department (LD)  conducts regular 
inspections and investigates complaints, and sufficient 
 
evidence leads to prosecution.  In 2008, LD conducted 1,321 
inspection visits to employment agencies. The license of an 
offending EA may also be revoked upon conviction, and the 
Commissioner for Labor may: (1) refuse to issue or renew a 
license, or may revoke a license, if he is satisfied on 
reasonable grounds that an employment agency is being, or is 
likely to be, used for unlawful or immoral purposes, or (2) 
if a person operating or intending to operate an employment 
agency has, within the preceding five years, been convicted 
of an offense against a child, young person or woman or of an 
offense involving membership of a triad society, fraud, 
dishonesty or extortion (Sec. 53(1)(c)(ii) of Cap. 57).  In 
2008, the LD refused to issue 
 
-- (SBU) Post continued to hear from several labor 
organizations that a growing number of Indonesian FDHs face 
varying levels of debt bondage conditions in Hong Kong.  As 
reported last year, some FDHs are forced to repay Indonesian 
recruitment agencies HKD 21,000 (approx. USD 2,700) by 
deducting up to 90 percent of a worker's monthly salary. 
While this debt is imposed by recruitment agencies operating 
in Indonesia and beyond the jurisdiction of Hong Kong laws, 
it has been reported the Hong Kong-licensed employment 
agencies are complicit in this debt scheme.  Hong Kong 
agencies reportedly confiscate the FDHs' passports and 
employment contracts upon arrival and withhold them until the 
debt has been repaid.  One contact reported Hong Kong police 
often will help Indonesian FDHs who have escaped abusive 
environments to retrieve their passports from the employment 
agencies but do not go the additional step of prosecuting the 
EAs for this illegal practice. Additionally, local contacts 
have reported the continuing practice of underpaid wages, 
with some FDHs receiving as little as HKD1800 (USD 234), 
roughly equivalent to half of the legally mandated minimum 
monthly wage of HKD 3,580 (USD 465). A recent study by 
Caritas Community Development Service showed approximately 12 
percent of the 464 Indonesian domestic helpers interviewed 
said they were paid a monthly salary of HKD 1,800 to 
HKD2,000. 
 
-- (SBU) The HKG contends FDHs are required to sign a 
standard employment contract prior to their being granted 
permission to work in Hong Kong, and should therefore be 
fully aware of their rights and obligations prior to arriving 
in Hong Kong to commence employment.  In addition, the Labor 
Department (LD) publishes special guidebooks/leaflets in 
various languages (such as Tagalog, Indonesian and Thai) in 
addition to English to distribute to FHDs at the airport, LD 
offices, and the Immigration Department, and 18 district 
offices of the Home Affairs Department.  FDHs also have full 
access, free-of-charge, to the services of the LD (such as 
their 24-hour inquiry hotline and individual consultations) 
and legal channels to seek redress, should their labor rights 
be infringed.  Employers who fail to pay wages or other 
statutory entitlements in accordance with the Employment 
Ordinance may be prosecuted.  Once convicted, the maximum 
penlty is three years of imprisonment and a fine ofHK$350,000 (US$44,872). 
 
¶D. (SBU) Under the Crims Ordinance, rape (Section 118 of 
Cap. 200) and on-consensual bugery (Section 118A of Cap. 
200) re serious offences which carry a maximum penalty f 
life imprisonment.  For other forcible sexual ssault 
offences, such as buggery with a mentallyincapacitated 
person (Section 118E of Cap. 200); indecent assault (Section 
122 of Cap. 200); abduction of an unmarried girl under 16 
(Section 126 of Cap. 200); detention for intercourse or in a 
vice establishment (Section 134 of Cap. 200); use, 
procurement or offer of persons under 18 for making 
pornography or for live pornographic performances (Section 
138A of Cap. 200) carry penalties ranging from 10 to 14 years 
imprisonment. 
 
¶E. (SBU) Trafficking cases continue to be rare in Hong Kong. 
This year, the Hong Kong Security Bureau reported trafficking 
charges brought against six suspects, five of which faced 
trials during the reporting period.  One suspect was found 
guilty of trafficking, and four were found guilty of related 
offenses.  These resulted from a covert Hong Kong police 
operation in early 2007 against syndicates suspected of 
trafficking females from Hong Kong to various overseas 
locations for sexual exploitation.  Five undercover female 
officers attended "job" interviews after responding to 
newspaper advertisements posted by a suspected vice 
syndicate.  After the syndicate offered the officers jobs 
abroad in the sex industry, Hong Kong police arrested seven 
suspects who were all Hong Kong residents.  Six of the seven 
suspects were charged with the offences of "causing 
prostitution of another person" under section 131 of the 
Crimes Ordinance and "trafficking in persons from Hong Kong" 
 
under Section 129 of the same ordinance.  One suspect 
absconded while on bail. 
 
-- (SBU) Five of the suspects had District Court trials 
between December 2008 and January 2009.  Four defendants were 
convicted for "causing prostitution of another person" and 
given imprisonment terms ranging from eight to 20 months. 
One defendant was convicted of "trafficking in persons from 
Hong Kong" and sentenced to 36 months' imprisonment. 
 
-- (SBU) In another case, Hong Kong police and immigration 
officials in April 2008 launched an investigation against 
suspected illegal human smuggling.  A 51-year-old female Hong 
Kong resident was arrested for arranging and facilitating 
female mainland Chinese illegal immigrants into Hong Kong for 
prostitution. She was eventually charged with "living on 
earning of prostitution" and convicted and sentenced to four 
months' imprisonment, suspended for 18 months. 
 
-- (SBU) While the Labor Department (LD) did not provide 
details of each individual case, they reported 54 convicted 
summonses were issued against employers of FDHs for breaches 
of the Employment Ordinance in 2008.  The LD also refused to 
grant an employment agency license to an applicant who had a 
conviction record of "common assault" under the Offences 
Against the Person Ordinance in which the victim was a FDH. 
 
¶F. (SBU) Police officers at all levels continue to receive 
training on detection, investigation and prosecution of all 
criminal offenses, including human trafficking.  Front-line 
officers, in particular, are trained in identification of 
suspected trafficking victims, suspicious visitors and 
illegal immigrants as well as handling of trafficking 
victims.  The Organized Crime and Triad Bureau (OCTB), with 
the highest level of expertise, training and investigative 
experience, investigates the most serious trafficking cases. 
OCTB officers regularly participate in international 
conferences to exchange ideas and learn best practices in 
combating trafficking. 
 
-- (SBU) Immigration officers have received training on core 
investigative techniques, including the key skills of 
interview and interrogation necessary to detect potential 
trafficking cases.  In 2008, representatives from the police 
and immigration departments actively participated in various 
regional and international conferences/seminars on human 
trafficking.  Police officers attended the 3rd, 4th, and 5th 
Asian Organized Crime Expert Group held respectively in 
Singapore, Macau SAR and Malaysia.  The Immigration 
Department participated in the Bali Process Workshop on 
People Smuggling: Threat Assessments and Risk Analysis, the 
14th Pacific Rim Immigration Intelligence Conference and the 
Seminar on Immigration Control 2008. At the conferences, the 
Hong Kong participants shared their experience and knowledge 
in the areas of law enforcement, policy and legislation to 
prevent, intercept and disrupt human trafficking and related 
crimes. 
 
¶G. (SBU) As a holdover from its colonial days under British 
rule, Hong Kong's law enforcement agencies maintain strong 
links with overseas counterparts and international bodies. 
Hong Kong authorities also maintain close cooperation with 
their mainland counterparts.  Hong Kong actively works with 
other governments in the areas of: joint investigations and 
enforcement; liaison and intelligence exchange; provision of 
evidence under Mutual Legal Assistance; and arrest and 
extradition, where applicable. 
 
-- (SBU) During the reporting period, Hong Kong immigration 
and U.S. Customs and Border Control cooperated to disrupt a 
child smuggling ring that resulted in the arrest of two 
Taiwan residents for illegal smuggling.  Hong Kong 
authorities became suspicious of the two Taiwan travelers 
when they were transiting Hong Kong enroute to the United 
States, and decided to inform U.S. immigration officials. 
Armed with the information from the Hong Kong authorities, 
U.S. officers were able to arrest the suspected smugglers 
upon arrival in the U.S. 
 
-- (SBU) In late 2008, Hong Kong's Anti-Illegal Migration 
Agency (AIM) launched a tripartite partnership with French 
and Dutch immigration authorities to interdict suspicious 
travelers routing through the three airports. An operation 
conducted in January 2009 saw 14 people arrested for alleged 
document fraud and illegal migration activities. 
 
¶H. (SBU) Hong Kong remains fully committed to international 
law enforcement cooperation, and has been expanding its 
network of bilateral agreements on legal cooperation with 
other jurisdictions. Hong Kong currently has extradition 
 
agreements with fourteen countries for the surrendering of 
fugitives, including for trafficking crimes. As of July 2008, 
agreements had been signed (but had not come into force) with 
an additional three countries. No extraditions related to 
trafficking occurred during the reporting period. 
 
¶I. (SBU) No evidence or accusations of government involvement 
in or tolerance of trafficking on any level emerged during 
the reporting period. 
 
¶J. (SBU) No evidence or accusations of government involvement 
in or tolerance of trafficking on any level emerged during 
the reporting period. 
 
¶K. (SBU) Prostitution itself is not a crime in Hong Kong. 
However, a wide range of provisions under the Crimes 
Ordinance target the exploitation of prostitution in any 
form. Illegal activities include: solicitation and 
advertising sex services, living off the earnings of 
prostitution of others, keeping a vice establishment, leasing 
premises for use as a vice establishment, and permitting 
premises to be used for prostitution. All in all, those who 
arrange, organize or live off others' prostitution are 
prosecuted. 
 
-- (SBU) Although a legal minimum age for prostitution is not 
specified in Hong Kong laws, sexual intercourse with girls 
under the age of 13 and 16 are crimes under sections 123 and 
124 of the Crimes Ordinance, respectively.  Causing, 
encouraging, arranging, or procuring girls or boys under age 
16 for prostitution or sexual intercourse are also crimes 
under Section 135 of the Crimes Ordinance. 
 
¶L. (SBU) Because of its status as a Special Administrative 
Region of the People's Republic of China with no military of 
its own, Hong Kong does not contribute troops to 
international peacekeeping efforts. 
 
¶M. (SBU) Hong Kong does not have an identified problem of 
visitors coming to Hong Kong for child sex tourism. 
 
 
PROTECTION AND ASSISTANCE TO VICTIMS: 
------------------------------------ 
 
¶A. (SBU) The HKP has special units to provide protection for 
victims and witnesses, and have established procedural 
guidelines on handling cases involving vulnerable witnesses 
and victims.  Officers responsible for handling these 
sensitive cases receive special training.  Past trafficking 
cases indicate Hong Kong law enforcement provide these 
protections in practice. For example, in 2007, Hong Kong 
police provided protection for six Filipino trafficking 
victims throughout the course of the investigation and trial 
in which they testified.  The police also traveled to the 
Philippines to meet with relevant government departments to 
discuss how to ensure the safety of the victims and their 
reintegration into society.  After the conviction of their 
two traffickers, the HKP escorted the victims to the airport 
where Philippine consulate officials met them. 
 
¶B. (SBU) Six government-subsized NGO shelters serve victims 
of violence, abuse or exploitation, including trafficking 
victims.  These centers provide temporary free accommodations 
and counseling. Child trafficking victims can be admitted to 
several refuge centers specifically equipped to provide 
temporary services for children. 
 
-- (SBU) In 2007, the HKSARG established the Multi-purpose 
Crisis Intervention and Support Center (also operated by an 
NGO with government subsidy) to provide 24-hour assistance to 
victims of sexual violence, including victims of trafficking. 
 The Center provides on-the-spot counseling to the caller, 
immediate crisis intervention, and links the victims to 
social service providers.  The Center also has a dedicated 
phone line for law enforcement and social welfare providers 
to reach the Center.  Starting in May 2008, the Center began 
providing short-term housing, taking in victims on a 24-hour 
basis. So far, the Center has not received any trafficking 
victims. 
 
¶C. (SBU) The Social Welfare Department (SWD) and local NGOs 
offer a wide range of services to victims of trafficking, as 
well as other categories of victims and 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. The 
Government-funded Family Crisis Support Center, operated by a 
local NGO, provides 24-hour support for victims.  The Center 
 
offers counseling, a resource center, hotline service and 
referrals to community groups.  Services provided by the 
center include short-term emergency intervention with 
accommodation, counseling, hotline service, a resource corner 
and self-learning facilities, referrals to community support 
services, etc. 
 
-- (SBU) The Hong Kong Hospital Authority provides public 
medical and clinical psychological services to trafficking 
victims, who enjoy the same rights as other patients.  The 
Department of Health operated Female Social Hygiene Clinics, 
which offered free services to all female sex workers without 
asking about their legal status in Hong Kong. 
 
-- (SBU) Trafficking victims suspected of having committed 
offenses, such as a breach of condition of stay or use or 
possession of fraudulent travel documents, are offered food 
and basic necessities free of charge during their detention. 
They are 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. 
 
-- (SBU) For vulnerable witnesses and victims of child abuse, 
the SWD carries out joint investigations with the police 
according to a set of handling guidelines.  Clinical 
psychologists are involved whenever necessary.  The SWD has 
maintained a Witness Support Program since 1996 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 taken into account 
in mitigation of any sentence she might receive. 
 
¶D. (SBU) All trafficking victims are entitled to the 
short-term assistance and social services mentioned 
immediately above.  Victims who are illegal immigrants or 
overstayers without legal rights to land or remain in Hong 
Kong are required to leave Hong Kong in accordance with 
immigration laws.  Whether a person is permitted to remain in 
Hong Kong depends on his/her eligibility under the prevailing 
immigration policy and individual circumstances. 
 
¶E. (SBU) Please see response immediately above.  While some 
victims may eventually be repatriated to their home country, 
past cases have shown Hong Kong authorities actively liaise 
with the receiving country on reintegration issues. 
 
¶F. (SBU) As mentioned above, the government-funded 
Multi-purpose Crisis Intervention and Support Center has a 
dedicated phone line for law enforcement authorities' use. 
The SWD and police have an established set of guidelines for 
joint handling of the investigation process and support 
services for cases involving vulnerable witnesses and victims 
of child abuse. 
 
¶G. (SBU) The HKSARG reports no trafficking victims were 
identified during the reporting period. 
 
¶H. (SBU) Although prostitution is not illegal in Hong Kong, 
other activities related to prostitution, such as keeping a 
vice establishment, allowing premises to be used as a vice 
establishment, arranging for and organizing others' 
prostitution, living off others' prostitution, controlling 
persons for the purpose of unlawful prostitution or sexual 
intercourse, are offenses.  Possible trafficking victims 
arising from police operations, investigations and reports 
are carefully interviewed to determined if they are victims 
of trafficking and better understand the mechanism, trends 
and people involved in trafficking crimes. 
 
¶I. (SBU) Trafficking victims suspected of having committed 
offenses, such as a breach of condition of stay or use or 
possession of fraudulent travel documents, are offered food 
and basic necessities free of charge during their detention. 
They are 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. 
 
-- (SBU) 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 
 
taken into account in mitigation of any sentence she might 
receive.  Ultimately, the Department of Justice (DoJ) has the 
discretion not to prosecute if prosecution is not in the 
public interest. 
 
¶J. (SBU) HKSARG policy is to encourage victims to assist in 
the investigation and prosecution of trafficking cases, 
although in practice victims are rarely willing to do so. 
Specifically, victims are encouraged to provide information 
on syndicated arrangements to facilitate investigations with 
a view to discovering and apprehending the culprits. 
 
-- (SBU) Depending on the circumstances and nature of a case, 
a victim may initiate civil proceedings for damages or 
compensation arising from injuries sustained as a result of 
the unlawful or wrongful act of the trafficker.  Such a claim 
or legal action is a civil action involving determination of 
civil rights and liabilities between two private parties. 
 
-- (SBU) To ensure no one with reasonable grounds for taking 
or defending a legal action in the Hong Kong courts is 
prevented from doing so due to lack of means, legal aid is 
granted to any person, whether resident or non-resident, who 
satisfies the criteria for legal aid, namely the means test 
and the merits test.  Civil action filed by trafficking 
victims against the traffickers is not an exempted or an 
excepted category.  According to the Legal Aid Ordinance and 
the Legal Aid in Criminal Cases Rules, legal aid will only be 
granted for legal representation in either civil and criminal 
proceedings.  Legal aid is not available for legal advice or 
other forms of general legal assistance if no legal 
proceeding is involved. 
 
¶K. (SBU) Front-line police and immigration officers receive 
intensive training on investigation and interview techniques, 
victim identification, document forgery, and other areas 
related to illegal migration and trafficking activities. 
Although Hong Kong's social service workers are already 
highly-trained expert providers, they receive enhanced 
training on handling child victim cases through in-service 
programs, including joint training with police officers and 
clinical psychologists.  The SWD also advises other 
departments on victim assistance and support upon request. 
 
-- (SBU) The HKSAR does not operate overseas embassies or 
consulates.  Hong Kong authorities, however, maintain close 
cooperation with relevant overseas contacts through 
government-funded Economic & Trade offices.  Hong Kong LEAs 
also actively cooperate with INTERPOL. 
 
¶L. (SBU) Hong Kong is not a point of origin for 
internationally trafficked women, men or children. 
 
¶M. (SBU) Various international NGOs involved in the promotion 
of the rights of sex workers and/or migrant workers provide 
varying levels of support to trafficking victims. 
International Social Service (ISS), with HKSARG consent, 
deploys Information Ambassadors (IAs) to meet every incoming 
flight from Southeast Asia that lands in Hong Kong from 9 
a.m. to 9 p.m.  The IAs distribute HKSARG-funded information 
kits produced in several of the most commonly-spoken 
Southeast Asian languages to passengers identified as 
potential victims of trafficking or other exploitation.  ISS 
runs a hotline, provides interpretation, medical and 
counseling services, and help arrange for shelter and access 
to legal counsel.  In conjunction with HKP, ISS conducts 
actual pick-up and rescue of a victim at point of escape. 
Other NGOs such as Zi Teng, Action for Reach Out, 
International Organization for Migration assist and support 
sex workers and migrants in Hong Kong. 
 
 
PREVENTION: 
---------- 
 
¶A. (SBU) The Hong Kong government continued to publicize its 
anti-trafficking activities on various government websites 
and in outreach materials that are aimed at potential 
trafficking victims. 
 
-- (SBU) The Labor Department (LD) organized briefings and 
mini-exhibitions on the rights of workers provided in the 
Employment Ordinance (EO). Information kiosks were set up in 
areas frequented by FDHs in which pamphlets and videos in 
English, Tagalog, Indonesian, Thai, Sri Lankan and Chinese 
were distributed. LD also broadcasted an informational video 
for FDHs at visa-issuing offices of the Immigration 
Department. 
 
¶B. (SBU) The HKSARG devotes a significant amount of resources 
 
to monitoring immigration and emigration activities, to 
include evidence of trafficking. Law enforcement authorities 
have continued to apply stringent measures to screen for 
trafficking victims and suspected trafficking cases among 
visitors and illegal immigrants along borders.  The 
authorities have several screening opportunities during 
secondary examinations at control points or debriefing 
sessions, and potential victims also have ample opportunities 
to report their status.  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. 
 
-- (SBU) Enforcement actions against illegal migration have 
been stepped up over the last decade to prevent Hong Kong 
from being used as a springboard to smuggle illegal migrants 
overseas.  Hong Kong's Anti-Illegal Migration Agency (AIM), 
comprised of a Tactical Intelligence Group and an Airport 
Investigation Group, 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.  An 882-officer Border 
Division patrols the border fence 24 hours a day using 
advanced technology equipment.  The Customs and Excise 
Department has stationed a total of 2,300 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. 
 
-- (SBU) AIM officers employ a four-tier operational model 
for investigating trafficking or other illegal migration 
cases.  AIM officers profile suspicious travelers for 
spot-check and interception.  For any case of interception 
that may not warrant immediate criminal investigatory 
actions, AIM officers send out a Suspicious Passengers Alert 
(SPA).  An SPA details the traveler's profile and onward 
itinerary through an established law-enforcement intelligence 
network to the authorities stationed at the next and 
subsequent ports of transit/entry.  These alerts provide 
notice and warning for subsequent monitoring of movements and 
for possible detection of foul play, including involvement in 
trafficking activities.  In 2008, over 621 SPAs were issued. 
 
¶C. (SBU) The Joint Investigation Team (JIT) serves as Hong 
Kong's principal forum for regular internal communication on 
matters relating to human trafficking, coupled with the 
involvement of other departments, including the Social 
Welfare Department.  The HKSAR government has stated that it 
is "confident that internal communication on human 
trafficking matter is free from obstacles."  There are also 
frequent contacts between the HKSARG and outside relevant 
stakeholders, which allow seamless communication on 
international and multilateral levels. 
 
-- (SBU) The HKSARG's law enforcement agencies work closely 
with mainland, Macau and foreign counterparts and have 
developed an effective information and intelligence sharing 
channel to obtain a more complete picture of smuggling, 
trafficking and other illegal migration networks.  To 
facilitate the timely exchange of information and 
intelligence, they maintain close and frequent contact with 
their counterparts including consular missions accredited in 
Hong Kong, as well as mainland Chinese authorities.  Various 
parties share information alerts and bulletins, including 
those related to anti-trafficking efforts.  For example, the 
Immigration Department participates in regular meetings with 
local consulates to share information of mutual interest. 
These monthly "SCAN" meetings are attended by representatives 
from the Consulates of the US, UK, Australia, New Zealand, 
Canada, France, Netherlands, Israel and Japan, the Macau 
Special Administrative Region and the Immigration Department. 
 Assessments of anti-trafficking efforts have been shared 
among interested parties through meeting minutes or related 
correspondence. 
 
¶D. (SBU) Under the overall policy guidance of the Security 
Bureau, Hong Kong LEAs have been working in a coordinated 
manner to address all aspects of combating human trafficking: 
investigation and prosecution, protection and victim 
assistance, and prevention.  The JIT has primary 
responsibility for monitoring all aspects of human 
trafficking and proposing appropriate strategies and tactical 
responses. The JIT and SWD are the key players in 
institutionalizing the government's anti-trafficking plan, 
 
and meet regularly to discuss overall efforts to combat 
trafficking, improve public outreach, and enhance victim 
support services. 
 
E: (SBU) The HKSARG did not undertake any specific measures 
to reduce the demand for commercial sex acts. 
 
¶F. (SBU) Although Post is not aware of any specific measures 
specifically aimed at reducing the participation of Hong Kong 
residents in international child sex tourism, Hong Kong 
residents have not previously been identified as participants 
in such activities. 
 
¶G. (SBU) Question is not applicable to Hong Kong. 
 
¶4. (U) Post point of contact is Poloff Lisa Tam, tel: (852) 
2841-2139, fax: (852) 2526-7382, email: TamLY@state.gov. 
 
¶5. (U) Hours spent on drafting this report cable: 
 
FS4-75 
FS2-5 
FS1-25 
DONOVAN