Important Court of Appeal Ruling Involving Human Trafficking and Forced Labour

Last week the Court of Appeal made an important decision in a complex human trafficking case. The case involves CB*, a Filipino foreign domestic worker, whom the Hong Kong Dignity Institute has supported. 

CB complained to Hong Kong police that she was being repeatedly sexually assaulted and exploited by her male employer. Initially, authorities identified her as a victim of human trafficking but then later changed their mind – failing to recognise the significant signs of her exploitation. CB was devastated when her perpetrator was only charged with two counts of indecent assault and then later acquitted of all charges.

CB’s lawyers wrote to police suggesting CB’s perpetrator be charged with additional human trafficking charges reflecting the gravity of the horrendous crimes committed against her. However, the police did not reply. 

Later, CB’s case was then taken to the Court of Appeal. Thankfully, the Court thoroughly explored the details of crimes committed against CB and the failures of police in their investigation to treat her as a victim of forced labour and human trafficking. The Court also highlighted the vulnerable position often faced by foreign domestic workers – whose immigration status is tied to their employer. This position often creates a power imbalance leaving domestic workers vulnerable to exploitation. 

The ruling by the Court of Appeal was a real win for CB! Firstly, by acknowledging her suffering and secondly, by exposing the failures of authorities in seeking justice against her perpetrator. This ruling and the observations made will also provide invaluable guidance to law enforcement and the Department of Justice as they handle similar cases.  

We hope this ruling will enable similar cases to come to light. If further cases also demonstrate failures to identify victims of human trafficking and forced labour, this will establish a causal link between the lack of legislation and their failings. The Court will then have the necessary evidence that bespoke anti-human trafficking and forced labour legislation is necessary as a matter of law. Ultimately, this would help protect vulnerable people and prevent more cases like CB.

CB is now waiting on a civil court case against her perpetrator – hoping to seek financial compensation for the horrific trauma she has suffered. 

*Identity Protected