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

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. Referring to its earlier comments on the subject, the Committee notes the information supplied by the Government in its report, and in particular the witness support programme for vulnerable witnesses and Part IIIA of the Criminal Procedure Ordinance (Chapter 221), which provides special procedures for vulnerable witnesses in giving evidence, as well as information on convictions for the offence of trafficking in persons under section 129(1) of the Crimes Ordinance. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on any legal proceedings which might have been instituted against traffickers and on the penalties imposed, as well as, more generally, information on the measures taken or envisaged to combat trafficking in persons for the purpose of exploitation, including extracts from relevant reports, studies and inquiries, as well as available statistics.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its previous direct request. It has also noted the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention, received in December 2002, as well as the Government’s reply to these comments.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. In the above communication, the ICFTU refers to the problem of trafficking in persons and alleges that Hong Kong is a transit country for persons trafficked from China to third countries, and also a destination country for persons trafficked to Hong Kong, either for the purpose of forced prostitution or for the purpose of forced domestic service, and that organized criminal groups in Hong Kong are largely responsible for these activities.

In its reply, the Government accepts that Hong Kong is vulnerable for human smuggling activities and states that debriefings from illegal immigrants intercepted revealed that the destination for the great majority of them was Hong Kong, rather than overseas countries. However, the Government denies that they are being trafficked into Hong Kong under coercion or false inducement and indicates that they are coming at their own accord because of the comparative economic prosperity of Hong Kong in the region. According to the Government, in 2002 only three cases of trafficking in women for the purpose of prostitution, involving seven women above the age of 16, were reported in Hong Kong. The Government also states that there is no evidence of trafficking for the purpose of forced domestic service in Hong Kong.

The Committee notes the Government’s statement to the effect that it takes a serious attitude towards the problem of human smuggling. The Government indicates that the three law enforcement agencies (the Immigration Department, the Customs and Excise Department and the Hong Kong Police Force) act closely under the policy framework set by Security Bureau in combating the problem, and also maintain close cooperation with their overseas counterparts on liaison and intelligence exchange, joint investigation and operation.

The Committee previously noted the Government’s reply to its 2000 general observation concerning trafficking, in which the Government stated, as regards human trafficking or exploitation cases, that it is always the intention of law enforcement officers to bring the main culprits, i.e. traffickers or exploiters to court, but a successful prosecution case depends very much on whether the victims are willing to cooperate by providing useful information to assist investigations and giving evidence in court. The Government further indicated that victims of human trafficking cases are always encouraged to assist in investigation and to give evidence against traffickers, and that the Social Welfare Department had organized a Witness Support Programme for vulnerable witnesses since 1996. The Committee has also noted the Government’s indication that Part IIIA of the Criminal Procedure Ordinance (Chapter 221) provides special procedures for vulnerable witnesses in giving evidence. The Committee would appreciate it if the Government would supply a copy of the Criminal Procedure Ordinance with its next report, as well as the information on the application in practice of the Witness Support Programme referred to above.

Please also provide information on any legal proceeding which might have been instituted against traffickers and on the penalties imposed, and in particular, as regards the three cases of trafficking in women for the purpose of prostitution, which involved seven women above the age of 16, referred to by the Government in its report.

Article 25. The Committee previously noted the Government’s statement in its report, that there is no specific penal provisions punishing the illegal exaction of forced or compulsory labour, but offences such as false imprisonment and offences against the person might most likely be committed in cases of illegal exaction of forced or compulsory labour, such offences being punishable under the general criminal law. The Committee noted the criminal law provisions communicated by the Government, and in particular, sections 24 and 25 of the Crimes Ordinance, Cap. 200, punishing intimidation and assaults with intent to cause certain acts to be done or omitted, as well as the Government’s explanations concerning their interpretation.

While noting the Government’s repeated indication in the report that no legal proceedings have been instituted in connection with the illegal exaction of forced or compulsory labour, the Committee again requests the Government to continue to provide, in its future reports, information on the application in practice of the general criminal law provisions referred to above, supplying copies of any court decisions defining or illustrating their scope, as well as, more particularly, information on any legal proceedings which might have been instituted in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reply to its earlier comments. It notes, in particular, the information on the legislation and practice concerning prevention, suppression and punishment of trafficking in persons for the purpose of exploitation, provided by the Government in reply to its 2000 general observation.

Article 25 of the Convention. In its earlier comments, the Committee noted the Government’s indication that, since the exaction of forced or compulsory labour is in contravention of the Hong Kong Bill of Rights Ordinance, a court or tribunal in proceedings within its jurisdiction may grant such remedy or make such order, in respect of such a breach, violation or threatened violation, as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances. It requested the Government to indicate the provisions of penal legislation under which a court or tribunal might sentence a person found guilty of exaction of forced or compulsory labour.

In its latest report, the Government reiterates its previous statement that there is no specific penal legislation on such kind of malpractices, but offences such as false imprisonment and offences against the person might most likely be committed in cases of illegal exaction of forced or compulsory labour, such offences being punishable under the general criminal law. The Committee notes the criminal law provisions communicated by the Government, and in particular, sections 24 and 25 of the Crimes Ordinance, Cap. 200, punishing intimidation and assaults with intent to cause certain acts to be done or omitted, as well as the Government’s explanations concerning their interpretation. While noting the Government’s indication in the report that the practice of the illegal exaction of forced or compulsory labour does not exist in the HKSAR and no court decisions on the subject have yet been reported, the Committee requests the Government to continue to provide, in its future reports, information on the application in practice of the general criminal law provisions referred to above, supplying copies of any court decisions defining or illustrating their scope, as well as, more particularly, information on any legal proceedings which might have been instituted in connection with the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has taken note of the Government’s reply to its previous direct request. It has noted, in particular, the information on provisions governing the resignation from service by public officials, as well as information on measures that may be taken in cases of emergency. It has also noted the Government’s statement that no national legislation on compulsory military service applies to the Hong Kong Special Administrative Region.

Article 25 of the Convention. The Committee previously noted the Government’s indication that, since the exaction of forced or compulsory labour is in contravention of the Hong Kong Bill of Rights Ordinance, a court or tribunal in proceedings within its jurisdiction may grant such remedy or make such order, in respect of such a breach, violation or threatened violation, as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances. It requested the Government to indicate the provisions of penal legislation under which a court or tribunal might sentence a person found guilty of exaction of forced or compulsory labour.

The Government indicates in its latest report that there is no specific penal legislation on such kind of malpractices, but offences such as false imprisonment and offences against the person might most likely be committed in cases of illegal exaction of forced or compulsory labour, such offences being punishable under the general criminal law. The Committee requests the Government to provide, with its next report, copies of the general criminal law provisions referred to, as well as copies of any court decisions or official interpretations defining or illustrating their scope.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has taken note with interest of the Government's first report on the application of the Convention. It notes that the use of forced or compulsory labour is prohibited by the Hong Kong Bill of Rights Ordinance.

Article 2(2)(a) of the Convention. The Committee notes that the Compulsory Service Ordinance, Chapter 246 was repealed on 1 March 1997 and there is no longer any compulsory military service law in the Hong Kong Administrative Region. It requests the Government to indicate whether more general legislation of China on compulsory military service applies in the Hong Kong Administrative Region and, if so, to supply a copy thereof.

Article 2(2)(b). The Committee requests the Government to indicate the statutory instruments governing the resignation from service by public officials and career military personal, and send copies of the relevant regulations.

Article 2(2)(d). The Committee notes the Government's indication that under section 5 of the Hong Kong Bill of Rights Ordinance, in case of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, measures may be taken derogating from the Bill of Rights to the extent strictly required by the exigencies of the situation, but these measures shall be taken in accordance with the law. It requests the Government to send copies of any statutory instruments regulating the measures that may be taken in cases of emergency in so far as there may involve the exaction of work or service.

Article 25. The Government indicates in its report that the exaction of forced or compulsory labour is in contravention of the Hong Kong Bill of Rights Ordinance and for contravention of the Ordinance, a court or tribunal in proceedings within its jurisdiction may grant such remedy, or make such order, in respect of such a breach, violation or threatened violation as it has power to grant or make in those proceedings and as it considers appropriate and just in the circumstances. The Committee recalls that under article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence. The Committee requests the Government to indicate the provisions of penal legislation under which a court or tribunal might sentence a person found guilty of exaction of forced or compulsory labour.