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Hong KongLaw and Crime

Man trafficked into Hong Kong files judicial review, challenges lack of laws on forced labour

Judicial review of legal framework on human trafficking will hear of man who claims he was made to work unpaid, beaten, and framed for crimes

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Current laws on forced labour "patchy and highly inadequate," says Dr Surya Deva, City University. Photo: CityU
Danny LeeandJULIE CHU

In a landmark judicial review, the Hong Kong government will have to answer to a challenge over its failure to pass laws protecting victims of forced labour and human trafficking.

The review has been filed by a man who claimed he had been brought into the city as a domestic helper but was sent to work at an office instead.

He received no pay, was beaten during work and had his travel document confiscated. He was also framed for crimes and jailed, his review application said. After his release, he tried to seek help from government bodies including the police, the Labour Department and Immigration Department, but none investigated his case.

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The court has allowed the man, who cannot be named for legal reasons, to go ahead with the review, for which a hearing date has been set for January.

Patricia Ho of Daly and Associates, representing the man, said most developed countries such as Britain and the United States had laws against human trafficking to protect victims like him.

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"Given the severity of the crime and the extreme vulnerability of victims, this legal gap must be filled urgently," Ho said.

She suggested the lack of an investigation into his case might be due to the absence of a criminal offence in the city of trafficking for exploitation other than the specific crime of sex trafficking.

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