Dear Department of Justice,

In the March 2018, 'Action Plan to Tackle Trafficking in Persons and to Enhance
Protection of Foreign Domestic Helpers in Hong Kong', (the 'Action Plan') as at p.7, it states as follows:-

"Conducts of TIP are prohibited by various pieces of legislation in Hong
Kong, such as physical abuse, false imprisonment, criminal intimidation,
unlawful custody of personal valuables, child abduction, child
pornography and exploitation of children, illegal employment, and
various sexual or prostitution related offences, etc. Some of these
offences attract penalties of up to life imprisonment. The present
legislative framework has served Hong Kong well."

1. For the period from 2014 as until the present date, and as broken down per year, are you able to confirm how many :(a) prosecutions; and (b) convictions, have been secured in relation to individuals who have been involved in human trafficking (i.e. as direct perpetrators) or otherwise associated in the enterprise of human trafficking, as for the above offences; namely:

(a) Physical abuse;
(b) False Imprisonment;
(c) Criminal Intimidation;
(d) Unlawful Custody of Personal Valuables;
(e) Child abduction;
(f) Child pornography and exploitation of children;
(g) Illegal Employment;
(h) Other sexual or prostitution related offences (e.g. rape).

Further to this, the Action Plan also states (as at p. 7-8), as follows:-

" In 2013, a new section on “Human Exploitation Cases” has been
incorporated into the Prosecution Code issued by DoJ to highlight...

the identification of such cases and broad principles on their
handling, having regard to applicable international standards and
practices. A new chapter on “Human Exploitation” is further added
to the Prosecution Manual 2017 for the purpose of providing
guidance to prosecutors on TIP issues. "

The Prosecution Code at para. 18.2 then states as follows:

"18.2 Human exploitation includes activities that demean the value of human life such as sexual exploitation, enforced labour, domestic servitude, debt bondage and organ harvesting. Human exploitation is a domestic and international concern which should be handled by prosecutors with an appropriate level of understanding, skill and sensitivity. In appropriate cases, a prosecutor should consider a credible claim that a defendant or intended defendant is a victim of trafficking. If such a claim is found, a prosecutor should appropriately deal with the case bearing in mind that the person is a victim of trafficking. In this regard, reference can be made to applicable international standards and practices concerning victims of trafficking."

2. For the same time period as 1 (above; 2014-present day), can you please provide data in respect of the following:

(a) No. of individuals which a prosecutor/s have/has identified as having a "credible claim that a defendant or intended defendant is a victim of trafficking";
(b) No. of potential prosecutions which have been discontinued/ceased in light of an identification as such (i.e. as at (a)); and
(c) No. of individuals for whom the prosecutor has sought/recommended the reduction in sentence (or otherwise less punitive sanction) for individuals in light of (a);
(d) No. of instances in which in light of an identification (as at (a)), the prosecutor/s have sought prosecution/additional prosecution for the experiences of human trafficking of a defendant/witness.

Thanks very much for your assistance with these matters.

Yours faithfully,

Isaac Shaffer

Dear DoJ Information,

Many thanks for your reply.

Please urgently pass on my request to the Security Bureau and any other relevant Department.

Yours sincerely,

Isaac Shaffer