សហរដ្ឋអាមេរិកបន្ថែមច្បាប់សន្តិសុខជាតិទៅក្នុងបញ្ជីកង្វល់ខណៈហុងកុងបានទុកនៅលើបញ្ជីតាមដាននៃរបាយការណ៍ជួញដូរមនុស្សប្រចាំឆ្នាំ

- But the city government on Friday blasted the report, saying the law’s parameters were clear and dismissing the notion it had served to cow local civil society

- The 2021 edition also once again took issue with the administration’s failure to pass legislation specifically targeting the crime

the release of the 2021 Trafficking in Persons Report in Washington.US Secretary of State Antony Blinken delivers remarks

America’s State Department has identified the national security law in its latest human-trafficking report as a factor impeding Hong Kong NGOs from helping victims of the trade, as it placed the city on a watch list for the second year in a row.

Shortly after Friday’s release of the United States Trafficking in Persons Report 2021, the Hong Kong government hit back, calling Washington biased and denying the Beijing-imposed legislation had impacted its commitment to combating cross-border crime.

The US State Department releases its findings annually, last year moving the city from its tier 2 status to the tier 2 “watch list” – one above tier 3, the lowest grade possible – citing its failure to pass specific laws targeting the crime and the sluggishness of its investigative efforts.

While the 2021 report once again identified those factors as a problem, it also made specific reference to the sweeping new security law targeting acts of secession, subversion, terrorism and collusion with foreign forces.

“Following the imposition of the national security law by the Chinese National People’s Congress on Hong Kong in June 2020, under which any speech critical of the government or its policies could be construed as pro-secession, subversive, or inciting hate against the government, along with increased restrictions to freedom of expression, NGOs and other civil society organisations were less willing to engage with the government, including on human trafficking,” the report states.

In its rebuttal, the Hong Kong government rejected that interpretation of the law, saying its offences were “clearly defined, with the elements of the offences, the penalties, mitigation factors and consequences clearly prescribed”.

“Acts and activities endangering national security are distinctly different from normal interactions. Law-abiding people will not unwittingly violate the law. The US State Department’s comments … clearly do not reflect the facts,” it added.

The security law has attracted growing scrutiny in recent months, with Western governments accusing it of killing off dissent through its use against local opposition politicians and, more recently, Apple Daily, a newspaper known for its anti-Beijing stance.

Beijing, however, has labelled the criticism foreign interference, and maintained that the law has been instrumental in returning the city to normal following the anti-government protests of 2019.

The US’ Friday report also suggests that the Hong Kong government was performing worse than the year before – when it was downgraded – as it had prosecuted fewer trafficking cases while remaining slow to identify possible victims with its ineffective screening system.

But the government countered that the low detection rate was a reflection of the fact Hong Kong had never been actively used by syndicates as a destination or transit point for human trafficking.

“In 2020, more than 6,900 initial screenings were conducted by the Hong Kong Police Force, Customs and Excise Department, Immigration Department and Labour Department, with only three victims identified. The very small number and percentage of victims identified reinforces our observation all along that trafficking in persons has never been a prevalent problem in Hong Kong,” it said.

It added the government had over the years set up a high-level steering committee to address the issue and injected additional funding of $62 million a year for the initiative.

Lawyer Patricia Ho Pui-chi, who specialises in human-trafficking cases, said the Hong Kong authorities had always lagged behind on the issue.

“Mainland China has an array of legislation specifically criminalising forced labour and human trafficking. Hong Kong needs to catch up to that,” she said.

On Friday, retired doctor Brian Apthorp, 80, was found guilty of two counts of indecent assault of a domestic worker in his employ. Known to the court as CB, the worker was sexually harassed by the physician, who touched her under the pretext of performing medical check-ups.

Ho’s firm launched a judicial review on CB’s behalf in May against the police commissioner for failing to identify the worker as a victim of human trafficking. That challenge could possibly have far-reaching ramifications as it casts a light on the government’s treatment of the issue.

SCMP