TY - JOUR

T1 - Hong Kong anti-human trafficking framework

T2 - what lessons can be learned from Europe?

AU - Lo, Noble Po-kan

PY - 2024/9/11

Y1 - 2024/9/11

N2 - This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements—an “act,” a “means,” and a “purpose” of exploitation—but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of “trafficking” aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done.

AB - This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements—an “act,” a “means,” and a “purpose” of exploitation—but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of “trafficking” aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done.

KW - human trafficking; anti-human trafficking framework

KW - Council of Europe

KW - Hong Kong’s Modern Slavery Bill

KW - European Court of Human Rights

KW - European Convention on Human Rights

U2 - 10.3389/fsoc.2024.1395907

DO - 10.3389/fsoc.2024.1395907

M3 - Journal article

VL - 9

JO - Frontiers in Sociology

JF - Frontiers in Sociology

SN - 2297-7775

M1 - 1395907

ER -