The Relationship Between Seeking Protection from Non-refoulement and Human Trafficking in Hong Kong

Abstract

The case of ZN c Secretary for Justice, Director of Immigration, Commissioner of Police and Commissioner for Labour [2018] HKCA 473 laid bare that at least prior to 2015, when the proceedings were brought to court, the Hong Kong government had no mechanism to protect or screen victims of human trafficking. This was not altogether surprising as there are no specific legislation criminalizing human trafficking or forced labour in the territory.

The case was brought by an applicant who was brought to Hong Kong from Pakistan by a trafficker from his hometown for the purposes of labour exploitation. Interestingly, when the applicant presented details about his experiences in Hong Kong to the Immigration Department, he was advised by them to make a claim for non-refoulement protection – comparable to asylum claims in countries that are signatory to the Refugee Convention – in order to prevent being removed so that he could pursue redress from his employer.

This brought to light unique issues faced by victims of human trafficking in Hong Kong as they struggle to seek protection and/or redress in a jurisdiction that is only now acknowledging the existence of human trafficking or forced labour, but yet remains steadfast in its position not to specifically criminalize these crimes as offences under the law.

In this symposium, I will examine how victims of trafficking may become asylum seekers; how asylum seekers may become victims of trafficking; how individuals can be asylum seekers and victims of trafficking at the same time; how asylum seekers may become reliant on traffickers both before and after their arrival in the territory; and finally, how legislation and policies must evolve in order for the Hong Kong government to meet its obligation of non-refoulement and protection for victims of trafficking, and halt the impunity enjoyed by traffickers in Hong Kong.