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¸ê®Æ¨Ó·½: http://www.am730.com.hk/fresh/article/9090

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¦³Ãö³ø§iªº­ì¤å¦b³o¸Ì: http://www.state.gov/j/tip/rls/tiprpt/2015/index.htm

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Technically the translation is okay. The placement of tiers are based on "compliance" and "efforts" of individual countries.


TBH I can't read all 380 pages of report, but I did a few searches:

Tier Placement (pg 47):
The analyses are based on the extent of governments¡¦ efforts to
reach compliance with the TVPA¡¦s minimum standards for the elimination
of human trafficking

Compliance (pg. 51):
Trafficking Victims Protection Act of 2000, Div. A of Pub. L. No. 106-386, ¡± 108, as amended.
(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes,
such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should
prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.

INDICIA OF ¡§SERIOUS AND SUSTAINED EFFORTS¡¨ (too long to C&P, on page 51 and beyond)

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Technically the translation is okay. The placement of tiers are based on "compliance" and "efforts" of individual countries.


TBH I can't read all 380 pages of report, but I did a few searches:

Tier Placement (pg 47):
The analyses are based on the extent of governments¡¦ efforts to
reach compliance with the TVPA¡¦s minimum standards for the elimination
of human trafficking

Compliance (pg. 51):
Trafficking Victims Protection Act of 2000, Div. A of Pub. L. No. 106-386, ¡± 108, as amended.
(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes,
such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should
prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.

INDICIA OF ¡§SERIOUS AND SUSTAINED EFFORTS¡¨ (too long to C&P, on page 51 and beyond)

²¤¬Ý¤F¤@¤U¡AÁ¿­»´äªº³¡¤ÀÀ³¸Ó¥u¦³¨â­¶¡A¸`¿ý¦p¤U¡G

HONG KONG: Tier 2

The Hong Kong Special Administrative Region of the People¡¦s
Republic of China is a destination, transit, and source territory for
men, women, and children subjected to sex trafficking and forced
labor. Victims include citizens from mainland China, the Philippines,
Thailand, other Southeast Asian countries, Nepal, Colombia, Chad,
and Uganda. More than 320,000 foreign domestic workers from
Indonesia, the Philippines, Burma, and Bangladesh work in Hong
Kong; some become victims of forced labor in the private homes
in which they are employed. Recruiters in the Philippines and
Indonesia generally charge excessive job placement fees, which may
lead to situations of debt bondage in Hong Kong. Some domestic
worker employment agencies in Hong Kong charge fees in excess
of the maximum allowed under Hong Kong law. The accumulated
debts sometimes amount to up to 80 percent of workers¡¦ salaries
for the first seven to eight months of employment. Some workers
are unwilling to report abusive employers for fear of losing their
jobs and being unable to repay their debts; some employers or
employment agencies illegally withhold passports, employment
contracts, or other possessions until the debt is paid. Domestic
workers have also reported working 17-hour days, receiving
less than minimum wage, experiencing physical or verbal abuse
and confinement in the employer¡¦s home, and not receiving a
legally required weekly day off. Separately, criminal syndicates or
acquaintances sometimes lure women to Hong Kong using false
promises of lucrative employment and subsequently force them
into prostitution to repay money owed for passage to Hong Kong.
Traffickers psychologically coerce some sex trafficking victims by
threatening to reveal photos or recordings of the victims¡¦ sexual
encounters to their families. Hong Kong is a transit point for
Southeast Asian fishermen subjected to forced labor on fishing
ships bound for Fiji and other ports in the Pacific. ¡§Compensated
dating¡¨ continues to facilitate the prostitution of Hong Kong
children and make them vulnerable to trafficking.

The Government of Hong Kong does not fully comply with the
minimum standards for the elimination of trafficking; however, it
is making significant efforts to do so. In 2014, the government
convicted one alleged trafficker in a highly publicized case involving
an Indonesian domestic worker for various labor violations, including
multiple trafficking indicators. The government continued to partially
fund six NGO-run shelters and three government-owned and
-operated shelters for victims of abuse and trafficking, and it
continued distribution of anti-trafficking information pamphlets
to foreign domestic workers. The government also continued law
enforcement training, investigations, prosecutions, and cooperation
with the consulates of labor-sending countries. Authorities also
instituted a new waiver of visa renewal fees for foreign domestic
workers who are victims and potential witnesses in criminal cases.
However, Hong Kong¡¦s laws do not specifically prohibit all forms
of trafficking. In 2014, the government did not prosecute any
suspects for trafficking and reported significantly fewer convictions
than in 2013. The government did not consistently screen women
arrested for prostitution or immigration violations to determine
if they were trafficking victims. Although officials identified 26
potential victims, they did not refer them to or provide them
with protective services, unlike in 2013.

RECOMMENDATIONS FOR HONG KONG:

Enact a comprehensive anti-trafficking law that prohibits all forms
of trafficking in accordance with the definitions set forth in the
2000 UN TIP Protocol; proactively identify sex and labor trafficking
victims among vulnerable populations, such as mainland Chinese
and foreign migrants, domestic workers, and women and Hong
Kong children in prostitution, and refer them to available services;
vigorously prosecute suspected labor traffickers, especially those
who exploit foreign domestic workers; grant foreign victims
permission to work and study while participating in judicial
proceedings against their traffickers; adopt an action plan to combat
trafficking and commit resources to its implementation; increase
protective services for vulnerable populations, such as foreign
domestic workers and women in prostitution; do not penalize
victims for crimes committed as a result of being subjected to
trafficking; provide legal alternatives to foreign victims who may
face hardship or retribution in their home countries; and educate
law enforcement, government officials, and the public on trafficking
definitions aligned with international standards.

PROSECUTION

The government decreased anti-trafficking law enforcement efforts.
Authorities continued to define trafficking as the trans-border
movement of people for prostitution, and Hong Kong laws do not
specifically criminalize forced labor; this definition is inconsistent
with the 2000 UN TIP Protocol definition of human trafficking.
Section 129 of the Crimes Ordinance, which prohibits ¡§trafficking
in persons to or from Hong Kong,¡¨ requires an element of trans-
nationality given its focus on the movement of persons into or
out of Hong Kong for prostitution, and it does not require the
use of force, fraud, or coercion. Section 129 prescribes penalties
of up to 10 years¡¦ imprisonment, which is sufficiently stringent and
commensurate with punishments prescribed for other serious
crimes, such as rape. The government amended the prosecution
code¡Xan administrative handbook to guide prosecutors in
building criminal cases¡Xin 2013 to include the 2000 UN TIP
Protocol¡¦s definition of trafficking. There was no parallel change
in the criminal laws, however, and no reported increase in labor
trafficking investigations or prosecutions in 2014.
In 2014, the government initiated four trafficking investigations, all
of which remained pending at the close of the reporting year. It
reported zero prosecutions under Section 129, compared with
five in 2013. In 2014, officials reported one conviction for labor
violations¡Xa significant decrease from 10 sex traffickers convicted
in 2013¡Xof a high-profile case involving a Hong Kong employer
who subjected an Indonesian domestic worker to physical abuse
and withholding of wages, among other trafficking indicators. The
government sentenced the trafficker to six years¡¦ imprisonment
and a fine of 15,000 Hong Kong dollars ($1,900) under statutes
related to assault and labor violations. In 2014, authorities trained
approximately 500 front-line police officers and immigration
officials on trafficking. Hong Kong authorities did not report any
investigations, prosecutions, or convictions of government officials
complicit in trafficking offenses.

PROTECTION

The government maintained limited efforts to protect victims.
In 2014, authorities identified 26 potential sex trafficking victims,
an increase from seven in 2013. Authorities did not refer any
victims to facilities where they could receive care; in comparison,
all identified victims in 2013 were referred to care facilities. The
government continued to partially fund six NGO-run shelters
and three government-owned and -operated shelters that serve
victims of abuse, exploitation, and trafficking; however, the funding
dedicated to protection of victims in 2014 was unknown. Although
the government reported having systematic procedures to identify
potential victims of both labor and sex trafficking, the extent to
which it employed them during the year remained unknown.
It remained unclear if law enforcement screening procedures
identified any victims among high-risk populations, such as foreign
migrants, domestic workers, and mainland Chinese and foreign
women arrested for prostitution. Potential victims, some of whom
were arrested, were only considered for protective services in
consultation with the Department of Justice. Under Hong Kong
law, trafficking victims can be punished for committing immigration
violations, and NGOs reported victims often plead guilty to
this charge to be deported expeditiously. Officials reported
having a policy in place to encourage victims to participate in
the investigation and prosecution of traffickers. However, they
did not allow victims to work while participating in trials that
were sometimes lengthy, thus deterring victims from cooperating
with authorities. As a result, many victims opted to repatriate
immediately or were deported. In 2014, immigration officials
issued 2,179 visa extensions to former foreign domestic workers
during ongoing legal proceedings in Hong Kong, but it was unclear
how many involved cases of labor exploitation. Hong Kong does
not specifically allow for permanent residency status for cases in
which repatriation may constitute a risk of hardship or retribution
in the victim¡¦s home country.

PREVENTION

The government made modest efforts to prevent trafficking. It
did not formally adopt or implement the national plan of action
to combat trafficking drafted in 2013. Authorities continued
to distribute anti-trafficking pamphlets in five languages and
information packets to foreign domestic workers at the airport
and immigration and labor department offices. These information
packages describe foreign domestic workers¡¦ rights, explain their
employers¡¦ obligations under Hong Kong law, and provide contact
information for relevant government offices. Authorities also
conducted publicity campaigns using radio, newspaper, and leaflets
to remind employers of their legal obligations to their domestic
workers. Labor officials conducted inspections of approximately
1,300 employment agencies but revoked the licenses of only three,
despite NGO and media reports of employment agencies violating
regulations by charging exorbitant recruitment fees, requiring
domestic workers to make deposits as a guarantee to work, and
confiscating employees¡¦ identification documents. The government
made some efforts to reduce the demand for commercial sex
through school sex education programs but reported no efforts
to reduce the demand for forced labor. It reported no efforts to
prevent or combat child sex tourism of Hong Kong residents in
mainland China or other foreign countries. The government did
not provide anti-trafficking training or guidance for its personnel
posted abroad.

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http://www.state.gov/j/tip/rls/tiprpt/2015/243366.htm