Source: Hong Kong Government special administrative region
The Government of the Hong Kong Special Administrative Region (HKSAR) today (September 30) vehemently objected to the groundless remarks about Hong Kong in the Trafficking in Persons Report 2025 (Report) of the Department of State of the United States.
A spokesman for the HKSAR Government said, “We vehemently oppose and resolutely refute the categorically false and baseless remarks in the Report on Hong Kong’s efforts to tackle trafficking in persons (TIP). TIP has never been a prevalent problem in Hong Kong, and there has never been any sign that Hong Kong is being actively used by syndicates as a destination or transit point for TIP. The rating of Hong Kong at Tier 2 (Watch List) is utterly unfair, without basis in fact, and a blatant attempt to smear Hong Kong’s reputation.”
The spokesman stressed, “The HKSAR Government has all along adopted a proactive, multi-pronged strategy in the fight against TIP. Substantial resources have been injected into combatting TIP and enhancing protection for foreign domestic helpers (FDHs) in Hong Kong.
“In 2024, the HKSAR Government continued to spare no effort in conducting initial screenings for all persons vulnerable to TIP risks, including illegal immigrants, sex workers, illegal workers, FDHs, imported workers and other suspected victims, who had come to the attention of the departments concerned. The HKSAR Government conducted around 11 300 initial screenings in 2024 (a 3% increase compared with the year prior) and identified eight TIP victims. Seven of these victims were Hong Kong residents involved in employment fraud in Southeast Asian countries. Our swift actions in returning the residents to Hong Kong, identifying them as TIP victims, rigourously investigating the cases and prosecuting those implicated underscore our commitment to tackling the scourge of TIP. It is totally baseless for the Report to cast doubt on our determination in combatting TIP and the quality of our screenings simply because of the low number of victims identified. As a responsible member of the international community, we remain steadfast in our fight against TIP.”
Protecting Foreign Domestic Helpers
The HKSAR Government recognises the significant contribution of FDHs to our society, and attaches great importance to protecting the interests of some 375 000 FDHs in Hong Kong. The Employment Ordinance (Cap. 57) (EO) provides comprehensive protection for the employment rights and benefits of FDHs, which are on par with those afforded to local workers. In addition to legal safeguards, FDHs are entitled to additional benefits that are usually not available to local workers through a Government-stipulated Standard Employment Contract. These include free accommodation, free food (or food allowance in lieu), free medical treatment and free passage to/from their home countries.
Under the EO, an employment agency (EA) is only allowed to charge job seekers, including FDHs, a commission of not more than 10 per cent of their first month’s salary upon successful placement. Any EA contravening labour laws is liable to prosecution and licence revocation upon conviction. The Labour Department (LD) has also promulgated a Code of Practice for Employment Agencies (CoP) to stipulate additional standards for EAs beyond legal requirements, including prohibiting EAs from involving in the financial affairs of FDHs. Non-compliance with the CoP may result in non-renewal of an EA’s licence or its revocation.
The dedicated Foreign Domestic Helpers Division of the LD provides comprehensive support to FDHs, which include a one-stop portal available in 13 languages and a dedicated 24-hour hotline for FDHs, a wide range of publications on the rights and benefits of FDHs, advice on employment matters and assistance in seeking help from relevant authorities. The LD also co-operates with local Consulates General and the local community to enhance FDHs’ awareness of their rights, and joins hands with the Police to advise FDHs against engaging in money laundering or other illicit activities.
The Immigration Department (ImmD)’s FDH Special Investigation Section also continues to scrutinise FDH visa applications to proactively identify potential TIP victims and cases of exploited FDHs. Where appropriate, the ImmD will render assistance to those FDHs who have been abused or exploited. To facilitate an FDH established to be a victim of a criminal case to stay in Hong Kong to assist in investigation or act as a witness in legal proceedings, ImmD will waive the fee for his/her extension of stay. Also, the ImmD takes into account records of past abuse and exploitation in considering future applications for employing FDHs from employers. If there is indeed evidence of such abuse or exploitation, the concerned employer’s future applications will normally not be approved.
To increase FDHs’ awareness to prevent them from falling victim to exploitation, ImmD has produced a briefing video designed specifically for FDHs who arrived in Hong Kong recently. The video, which is available in English, Tagalog and Bahasa Indonesia, educates viewers on the signs of exploitation and encourage them to contact the authorities when in need. In collaboration with the relevant Consulates General, the briefing video has been integrated into regular welcoming sessions hosted by the respective CGs for newly-arrived FDHs and other form of awareness raising programmes. Thousands of FDHs have benefitted from this initiative so far.
The spokesman said, “The ‘two-week rule’, under which an FDH shall leave Hong Kong upon completion of employment contract or within two weeks from the date of early contract termination, whichever is the earlier, aims to allow sufficient time for FDHs to prepare for their departure. Also, the rule allows sufficient flexibility to cater for exceptional circumstances and does not preclude FDHs from working in Hong Kong again after returning to their places of origin. Exploitation of FDHs is never tolerated in Hong Kong. Any FDHs who have been abused or exploited could apply for change of their employers in Hong Kong without first returning to their places of origin. FDHs abused or exploited should not feel inhibited from lodging complaints against their employers.”
“The ‘live-in requirement’ underpins the long-established government policy of ensuring employment priority for the local workforce. As in many other jurisdictions, importation of workers in Hong Kong is allowed only when there is proven manpower shortage in specific trades that cannot be met by local workers. In accordance with this policy objective, live-in FDHs have been imported since the 1970s to address the shortage of local live-in domestic helpers. The legality of the “live-in requirement” was upheld by the Court of Appeal in a ruling handed down in 2020 in an appeal of a judicial review.”
Comprehensive Legal Framework, Robust Enforcement and Training
On the unsubstantiated remarks in the Report about the lack of composite trafficking legislation in Hong Kong, the spokesman said, “The HKSAR Government’s current legislative framework, which comprises over 50 legal provisions against various TIP conducts, provides a comprehensive package of safeguards comparable to composite TIP laws found in other jurisdictions. Every jurisdiction should have its latitude to determine the best legal framework to tackle the issue and there is simply no one-size-fits-all solution. In fact, our legal framework has served Hong Kong well. The Court of Final Appeal has also affirmed in various rulings that the HKSAR Government had no positive obligation to enact and maintain a criminal offence specifically criminalising the relevant activities prohibited under Article 4 of the Hong Kong Bill of Rights (BOR 4), and that it would have a wide margin of discretion in the manner of compliance with its obligations under BOR 4. There is no indication to suggest that the effectiveness of our anti-TIP efforts has in any way been undermined without composite trafficking legislation.”
Law enforcement agencies (LEAs) in Hong Kong have all along remained vigilant in investigation and enforcement. The Police continued to commit significant efforts to combating vice activities including prostitution in 2024. A total of 102 anti-vice operations were mounted, an increase of 46% compared with 2023. A total of 254 persons were arrested for the offence of keeping a vice establishment or prostitution-related crimes under the Crimes Ordinance (Cap. 200). In connection with job scam cases where victims were lured to Southeast Asian countries and detained to engage in illegal work, two persons who had been arrested in 2022 were convicted of conspiracy to defraud in November 2024 and were sentenced to 56 months’ and 36 months’ imprisonment respectively.
As regards the protection of FDHs, the Police arrested 41 FDH employers in relation to physical or sexual abuse in 2024. Separately, 71 FDH employers were prosecuted for aiding and abetting their FDHs in breaching the latter’s conditions of stay, with 38 employers convicted. In parallel, the LD continued to take robust enforcement actions against any EA that contravenes the EO, the Employment Agency Regulations (Cap. 57A) or the CoP. In 2024, the LD conducted over 1 600 regular and surprise inspections to EAs providing placement services for FDHs. In the same year, six EAs providing placement services for FDHs were convicted for unlicensed operation or attempting to overcharge FDHs, while three EAs had their licences revoked or refused renewal for contravening the EO or failing to comply with the CoP.
Educating frontline officers of our LEAs and the LD on TIP, including detection, investigation, prosecution and victim assistance continued to be a top priority. In 2024, around 2 000 officers from various government bureaux and departments attended TIP-related training, marking an 8% increase over that in 2023. The Government also pursued a new initiative in 2024 to deliver sharing sessions on combatting TIP for frontline staff working at the airport to enhance their awareness of TIP. Hundreds of frontline staff members have benefitted from the training thus far.
Safeguarding National Security
The spokesman added, “The legal framework in safeguarding national security in the HKSAR is fully in compliance with the international standard for the protection of human rights. The Hong Kong National Security Law and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedoms of speech, of the press and of publication, and the freedoms of association, of assembly, of procession and of demonstration, enjoyed by Hong Kong people under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applicable to the HKSAR are protected in accordance with the law. Legislation that safeguards national security only targets a very small number of organisations and individuals that endanger national security.”
The HKSAR Government has been steadfastly combating TIP in an all-out and highly proactive manner. A high-level steering committee, established in March 2018, provides policy steer on actions against TIP and protection of FDHs. An Action Plan to Tackle TIP and to Enhance Protection of FDHs in Hong Kong has been promulgated by the steering committee, with multi-faceted, comprehensive, strategic and targeted measures all firmly put in place by the end of 2019 to cover victim identification, investigation, enforcement, prosecution, victim protection and support, prevention, and partnership with different stakeholders.