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Retracted article: A Review of the Human Trafficking Framework: Is the Law Sufficient to Prevent and Combat Human Trafficking in the HKSAR?: Is the Law Sufficient to Prevent and Combat Human Trafficking in the HKSAR?

Research output: Contribution to Journal/MagazineJournal articlepeer-review

E-pub ahead of print
<mark>Journal publication date</mark>21/08/2024
<mark>Journal</mark>Journal of Human Trafficking
Number of pages17
Pages (from-to)1-17
Publication StatusE-pub ahead of print
Early online date21/08/24
<mark>Original language</mark>English

Abstract

This study provides a comprehensive analysis of the legal framework surrounding human trafficking in the Hong Kong Special Administrative Region (HKSAR), a region witnessing an alarming increase in such incidents. The study juxtaposes the legislative approach of the HKSAR with that of the United Kingdom and international law commitments, treaties, and resolutions. While highlighting the limitations in the HKSAR’s legal frame, primarily its nonparticipation in the Palermo Protocol to the United Nations Convention against Transnational Organized Crime 2000, it argues that legal deficiencies are not the sole contributors to the region’s human trafficking issues. It contends that underlying societal and criminal factors, such as organized crime and corruption, impede the law’s effectiveness. The study further identifies areas where HKSAR’s laws fail to define and criminalize elements of trafficking adequately. It discusses the potential of the UK’s Modern Slavery Act 2015, despite its criticisms, and explores if such a reform could benefit Hong Kong. This study aims to stimulate dialogue and research to enhance legal frameworks combating human trafficking.