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

Author: Lo, Noble

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.

Keywords: human trafficking, legal framework, HKSAR, Palermo Protocol, Modern Slavery Act, transnational organized crime