Number of instances The Government has provided support and assistance to TIP victims

The request was partially successful.

Dear Security Bureau,

I would like to obtain information on the number of times The Government has provided assistance to TIP victims since 1 January 2018. Specifically, in reference to Annex 8C in "Fourth Report of the Hong Kong Special Administrative Region of the People’s Republic of China in the light of the International Covenant on Civil and Political Rights" (https://www.legco.gov.hk/yr19-20/english...), I would like to know the following:

1.) The number of times Annex 8C(a) has been implemented:

"Witness protection programme – where circumstances warrant, the
Police will activate its witness protection programme to protect the
victims from further exploitation; they would also seek assistance
from overseas LEAs for providing assistance and assurance to
victims and families in their home country; "

2.) The number of times Annex 8C(b) has been implemented:

"Provision of welfare support and assistance – the victims will be
provided with the necessary support and assistance in a timely
manner, including the provision of shelter, medical services,
psychological support, counselling and financial assistance, etc.
Where necessary, the SWD will assist to assess the welfare needs
for the victims and provide them with the appropriate services;"

3.) The number of times Annex 8C(c) has been implemented:

"Provision of financial assistance – where required, departments in charge of the case may consider providing financial assistance to victims residing overseas to enable them to return to the HKSAR to testify as witnesses. The assistance covers expenses incurred during their stay in the HKSAR, including accommodation, passage, daily subsistence and visa processing fees, etc.;"

4.) The number of times Annex 8C(d) has been implemented:

"Consideration of proper arrangements during prosecution process – departments concerned would promptly bring TIP cases to the attention of the Prosecutions Division of DoJ, so that it can make a timely and proper assessment of the relevant legal issues, including the question of immunity;"

5.) The number of times Annex 8C(e) has been implemented:

"Visa extension and fee waiver – ImmD may grant visa extension and waive visa fees for TIP victims who need to stay in the HKSAR to act as prosecution witnesses in legal proceedings instituted by the Police, ImmD or the LD; and"

6.) The number of times Annex 8C(f) has been implemented:

"Exceptional approval for FDHs to change employers in the HKSAR – ImmD may also consider granting exceptional approval for FDHs to change employers when there is evidence suggesting that they are being exploited or abused by their employers."

Yours faithfully,

Taylor Amarel

Dear Taylor,

Your application for Access to Information has been received.  The
application is now under processing.  We will get back to you as soon as
possible.

Yours Sincerely,

Oliver Lam
(for Secretary for Security)
Tel: 2810 2327

From:        Taylor Amarel <[FOI #462 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        11/03/2020 15:12
Subject:        Freedom of Information request - Number of instances The
Government has provided support and assistance to TIP victims

--------------------------------------------------------------------------

Dear Security Bureau,

I would like to obtain information on the number of times The Government
has provided assistance to TIP victims since 1 January 2018. Specifically,
in reference to Annex 8C in "Fourth Report of the Hong Kong Special
Administrative Region of the People’s Republic of China in the light of
the International Covenant on Civil and Political Rights"
([1]https://www.legco.gov.hk/yr19-20/english...),
I would like to know the following:

1.) The number of times Annex 8C(a) has been implemented:

"Witness protection programme – where circumstances warrant, the
Police will activate its witness protection programme to protect the
victims from further exploitation; they would also seek assistance
from overseas LEAs for providing assistance and assurance to
victims and families in their home country; "

2.) The number of times Annex 8C(b) has been implemented:

"Provision of welfare support and assistance – the victims will be
provided with the necessary support and assistance in a timely
manner, including the provision of shelter, medical services,
psychological support, counselling and financial assistance, etc.
Where necessary, the SWD will assist to assess the welfare needs
for the victims and provide them with the appropriate services;"

3.) The number of times Annex 8C(c) has been implemented:

"Provision of financial assistance – where required, departments in charge
of the case may consider providing financial assistance to victims
residing overseas to enable them to return to the HKSAR to testify as
witnesses. The assistance covers expenses incurred during their stay in
the HKSAR, including accommodation, passage, daily subsistence and visa
processing fees, etc.;"

4.) The number of times Annex 8C(d) has been implemented:

"Consideration of proper arrangements during prosecution process –
departments concerned would promptly bring TIP cases to the attention of
the Prosecutions Division of DoJ, so that it can make a timely and proper
assessment of the relevant legal issues, including the question of
immunity;"

5.) The number of times Annex 8C(e) has been implemented:

"Visa extension and fee waiver – ImmD may grant visa extension and waive
visa fees for TIP victims who need to stay in the HKSAR to act as
prosecution witnesses in legal proceedings instituted by the Police, ImmD
or the LD; and"

6.) The number of times Annex 8C(f) has been implemented:

"Exceptional approval for FDHs to change employers in the HKSAR – ImmD may
also consider granting exceptional approval for FDHs to change employers
when there is evidence suggesting that they are being exploited or abused
by their employers."

Yours faithfully,

Taylor Amarel

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #462 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[2]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.legco.gov.hk/yr19-20/english...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers

Dear Taylor,
 
Protection, support and assistance measures set out in Annex 8C of the
"Fourth Report of the Hong Kong Special Administrative Region of the
People's Republic of China in the light of the International Covenant on
Civil and Political Rights" are available to both TIP victims and other
persons identified to have such needs.  Relevant information are set out
below -

Witness protection programme No TIP victim required such protection
in 2018 and 2019.
Provision of welfare support and Statistics were not maintained
assistance - shelter, medical specifically relating to TIP victims.
services, psychological support,
counselling and financial
assistance, etc.
Provision of financial assistance Three persons received such assistance
- assistance to in 2018 and 2019, but they were not TIP
victims residing overseas to victims.
enable them to return to the
HKSAR to testify as witnesses.
Consideration of proper The Department of Justice does not
arrangements during prosecution maintain the enquired statistics.
process
All prosecutors of the Prosecutions
Division of the Department of Justice
are mandated to follow the applicable
guidelines and relevant principles
contained in the Prosecution Code when
making prosecutorial decisions and give
due consideration to any
trafficking-in-person elements that may
feature in any given case when deciding
whether a prosecution should be
instigated or continued.
Visa extension and fee waiver for The Immigration Department does not
victims who need to stay in the maintain the enquired breakdown on TIP
HKSAR to act as prosecution victims.  
witnesses in legal proceedings
Over 300 ex-FDHs (most of whom were not
TIP victims), 160 in 2018 and 141 in
2019, were granted extension of stay as
a visitor with visa application fee
exempted on consideration that they were
victims of illegal acts.
Exceptional approval for FDHs to The Immigration Department does not
change employers in Hong Kong maintain the enquired breakdown on TIP
victims.  

In 2018 and 2019, the Immigration
Department approved respectively 16 and
15 applications by FDHs to change
employers without the need for them to
return to their home countries when
there is evidence suggesting the
purported exploitation/abuse.

 
 
Yours sincerely,
 
Oliver Lam
(for Secretary for Security)
Tel: 2810 2327

From:        SB-AIOREQ/SB/HKSARG
To:        Taylor Amarel <[FOI #462 email]>,
Date:        20/03/2020 12:22
Subject:        Re: Freedom of Information request - Number of instances
The Government has provided support and assistance to TIP victims

--------------------------------------------------------------------------

Dear Taylor,

Your application for Access to Information has been received.  The
application is now under processing.  We will get back to you as soon as
possible.

Yours Sincerely,

Oliver Lam
(for Secretary for Security)
Tel: 2810 2327

From:        Taylor Amarel <[FOI #462 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        11/03/2020 15:12
Subject:        Freedom of Information request - Number of instances The
Government has provided support and assistance to TIP victims

--------------------------------------------------------------------------

Dear Security Bureau,

I would like to obtain information on the number of times The Government
has provided assistance to TIP victims since 1 January 2018. Specifically,
in reference to Annex 8C in "Fourth Report of the Hong Kong Special
Administrative Region of the People’s Republic of China in the light of
the International Covenant on Civil and Political Rights"
([1]https://www.legco.gov.hk/yr19-20/english...),
I would like to know the following:

1.) The number of times Annex 8C(a) has been implemented:

"Witness protection programme – where circumstances warrant, the
Police will activate its witness protection programme to protect the
victims from further exploitation; they would also seek assistance
from overseas LEAs for providing assistance and assurance to
victims and families in their home country; "

2.) The number of times Annex 8C(b) has been implemented:

"Provision of welfare support and assistance – the victims will be
provided with the necessary support and assistance in a timely
manner, including the provision of shelter, medical services,
psychological support, counselling and financial assistance, etc.
Where necessary, the SWD will assist to assess the welfare needs
for the victims and provide them with the appropriate services;"

3.) The number of times Annex 8C(c) has been implemented:

"Provision of financial assistance – where required, departments in charge
of the case may consider providing financial assistance to victims
residing overseas to enable them to return to the HKSAR to testify as
witnesses. The assistance covers expenses incurred during their stay in
the HKSAR, including accommodation, passage, daily subsistence and visa
processing fees, etc.;"

4.) The number of times Annex 8C(d) has been implemented:

"Consideration of proper arrangements during prosecution process –
departments concerned would promptly bring TIP cases to the attention of
the Prosecutions Division of DoJ, so that it can make a timely and proper
assessment of the relevant legal issues, including the question of
immunity;"

5.) The number of times Annex 8C(e) has been implemented:

"Visa extension and fee waiver – ImmD may grant visa extension and waive
visa fees for TIP victims who need to stay in the HKSAR to act as
prosecution witnesses in legal proceedings instituted by the Police, ImmD
or the LD; and"

6.) The number of times Annex 8C(f) has been implemented:

"Exceptional approval for FDHs to change employers in the HKSAR – ImmD may
also consider granting exceptional approval for FDHs to change employers
when there is evidence suggesting that they are being exploited or abused
by their employers."

Yours faithfully,

Taylor Amarel

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #462 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[2]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.legco.gov.hk/yr19-20/english...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers