Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) National Action Plan. The Committee notes the Government’s information that since 2019–20 financial year, additional annual recurrent funding was provided to various departments including the Police, Immigration Department, Customs and Excise Department (C&ED), Department of Justice (DoJ) and Labour Department (LD) to support the implementation of the Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan); and that 98 new posts were created in these departments. The Committee observes from the Action Plan that the Inter-departmental Trafficking in persons Working Group was established to monitor and enhance the enforcement strategy against trafficking in persons by adopting a holistic and collaborative approach. The Working Group comprises members from the Security Bureau, the Police, the C&ED, the DoJ and Social Welfare Department.The Committee requests the Government to continue to provide information on the implementation of the Action Plan and the activities of the Inter-departmental Trafficking in persons Working Group. Please provide a summary of the findings of the monitoring and review of the Action Plan undertaken by the Steering Committee, indicating the results achieved and the difficulties encountered.

(ii) Identification and protection of victims. The Committee notes, from the information contained in the annexes to the Government’s report, that the victim identification mechanism consists of two parts: an initial screening, which includes seven questions to be answered by the relevant officer, followed by a full debriefing, which involve an interview with the suspected victim to find out the existence of the three constitutive elements of trafficking (act, means and purpose). The Government indicates that from 2021 to 2024, over 30,400 initial screening were conducted and 38 victims of trafficking were identified. The Government further indicates that in January and February 2024, the Government and the Hong Kong International Aviation Academy delivered three training sessions on combating trafficking in persons for over 100 front-line staff members working at the Hong Kong International Airport, to enhance their awareness and ability to identify victims of trafficking and equip them with knowledge of how to seek assistance when they come across suspected cases. The Committee requests the Government to continue to provide information on the measures taken to ensure the early identification of victims of trafficking in persons for both labour and sexual exploitation, and to provide them with appropriate protection and assistance. The Committee also requests the Government to provide information on the victims identified and the type of assistance provided.

(iii) Prosecution and application of penal sanctions. The Committee notes the Government’s information that between June 2021 and March 2024, there were 28 convictions on various offences relating to sex trafficking under the Crimes Ordinance. Among these convictions, 21 persons were sentenced to immediate custodial sentence ranging from two to sixteen months’ imprisonment. The Government also indicates that during the same period, specialized trainings on victims identification and protection, relevant legislation, trends of crimes and investigation techniques were provided to about 5,800 officials of the Police, Immigration Department, DoJ, C&E Department and Labour Department. The Committee further notes that in 2013, a section titled, “Human exploitation cases” was added to the Prosecution Code, which elaborates the concept of human exploitation and trafficking in persons. Accordingly, human exploitation includes all activities that demean the value of human life such as sexual exploitation, forced labour, domestic servitude and debt bondage. In 2019, specialized teams to handle trafficking in persons cases were established within the Police headquarters and the Immigration Department. The Committee requests the Government to continue to strengthen the capacity of law enforcement bodies to detect, investigate and prosecute cases of trafficking in persons for both labour and sexual exploitation, and to provide information in this regard. It also requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties applied for offences relating to trafficking in persons, as well for “human exploitation cases”.

2. Vulnerable situation of migrant domestic workers with regard to the exaction of forced labour. The Committee notes that, in its concluding observations of March 2023, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about reports of exploitative practices by employers of domestic migrant workers, and that complaints filed by migrant domestic workers regarding their working and living conditions are not adequately followed up on by the labour inspection authorities (E/C.12/CHN/CO/3). In this regard, the Committee observes that while the Action Plan acknowledges that foreign domestic helpers (FDH) are fully protected and know about their terms of employment upon signing the government-prescribed standard employment contract, it includes several measures to enhance their protection. The Committee notes in particular that the specific objectives of the Action Plan include strengthening the enforcement and prosecution actions against employment agencies and employers on FDH exploitation cases; and setting up a dedicated channel, with interpretation services, to provide one-stop support services to FDHs. The Committee requests the Government to provide information on the measures taken to achieve the objectives set out in the Action Plan with a view to strengthening the protection of migrant domestic workers and preventing them from becoming victims of forced labour, including in relation to awareness activities regarding their rights and the channels available for seeking redress, monitoring their conditions of employment, and investigating and prosecuting those who impose forced labour. It also requests the Government to provide information on the judicial cases, penalties imposed and the legal provisions invoked to convict perpetrators.