Y CHUN

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Y CHUN Principal Immigration Officer,
Enforcement Liaison Division
Immigration Department
Hong Kong SAR Government
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Defined by the United Nations in the Global
Programme Against Trafficking in Human Beings
smuggling - the procurement of illegal entry
of a person into a State of which the latter is
not a national with the objective of making a
profit. trafficking - the recruitment,
transportation or receipt of persons through
deception or coercion for the purposes of
prostitution, other sexual exploitation or forced
labor.
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Anti-Human Smuggling
Anti-Human Smuggling
Anti-Human Smuggling
Anti-Human Smuggling
Anti-Human Smuggling
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The Hong Kong SAR Government is capable and
determined to uphold the laws of Hong Kong and
combat illegal migration and human smuggling
activities in Hong Kong.
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Outline
Legal Framework

• Legislation
• Definition
• Criminalization
• Confiscation
• Mutual Legal Assistance

Investigation and Cooperation

• Investigation
• Cooperation
• Assistance to Trafficked and Smuggled Persons
• Prevention

Case Studies
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Legal Framework
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Specific Legislations against Trafficking Women
Section 129, Crimes Ordinance a person who
takes part in bringing another person into, or
taking another person out of, Hong Kong for the
purpose of prostitution shall be guilty of an
offence and shall be liable on conviction on
indictment to imprisonment for 10 years.
Section 137, Crimes Ordinance a person who
knowingly lives wholly or in part on the earnings
of prostitution of another shall be guilty of an
offence and shall be liable on conviction on
indictment to imprisonment for 10 years.
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Definition
The legislations of Hong Kong do not have
specific definition for the terms trafficking in
person and smuggling of migrants.
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Criminalization
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Criminalization
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Criminalization
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Criminalization
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Criminalization
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Criminalization

• The vessels, vehicles or proceeds from the
  illegal acts are liable to forfeiture

• Severe penalty and enhanced sentence imposed on
  migrant smuggling under Section 27(11), Organized
  and Serious Crimes Ordinances, Cap. 455

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Criminalization

• In general, any act in arranging passage to
  Hong Kong of an unauthorized entrant
  regardless whether the act occurs wholly or
  partly outside Hong Kong shall contravene the
  Laws of Hong Kong (Section 37J, Immigration
  Ordinance)

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Criminalization

• The following crimes relating to human
  trafficking and smuggling are also considered as
  organized crime in the legislation of the Hong
  Kong
• arranging passage to Hong Kong of unauthorized
  entrants,
• carrying an illegal immigrant, and
• furnishing false statements, forgery of
  documents and use and possession of forged
  documents.

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Confiscation

• Confiscation of vessels and other tools used
  to transport trafficked or smuggled persons
  (Section 47, Immigration Ordinance)

• Confiscation of proceeds of crimes (Section 25
  25A, Organized and Serious Crimes Ordinance)

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Mutual Legal Assistance

• Hong Kong is able to provide
• Mutual legal assistance in criminal matters
• Surrender of fugitive offenders (extradition)
• Transfer of sentenced persons

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Mutual Legal Assistance in Criminal Matters
Ordinance (Cap. 525)

• The Ordinance was enacted to enable assistance
  to be given by law enforcement authorities in
  Hong Kong to their overseas counterparts on
  criminal matters.

• The Ordinance was enacted to enable assistance
  to be given by law enforcement authorities in
  Hong Kong to their overseas counterparts on
  criminal matters.

• Such arrangements embodied in bilateral or
  multilateral agreements, ensure reciprocity and
  enhance international cooperation for control of
  criminality.

• Such arrangements embodied in bilateral or
  multilateral agreements, ensure reciprocity and
  enhance international cooperation for control of
  criminality.

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Mutual Legal Assistance in Criminal Matters
Ordinance (Cap. 525)
The Ordinance provides a legal framework to
enable Hong Kong to respond to a full range of
request for assistance.
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Fugitive Offenders Ordinance (Cap. 503)

• The Ordinance enables the HKSAR to continue
  the extradition arrangements with foreign
  countries beyond July 1, 1997, a new Fugitive
  Offenders Ordinance (Cap. 503) was enacted in
  March 1997 to replace the Extradition Ordinance
  (Cap. 236)

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Fugitive Offenders Ordinance (Cap. 503)

• Surrender of fugitive offenders is an
  important area of international cooperation in
  law enforcement.

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Transfer of Sentenced Persons Ordinance (Cap. 513)

• The Ordinance provides a legal framework to
  transfer sentenced persons to serve their terms
  in their own countries for better rehabilitation

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Transfer of Sentenced Persons Ordinance (Cap. 513)

• Key features of the Ordinance
• Receiving and sending jurisdictions as well as
  the sentenced person must consent to the
  transfer
• The conduct for which the sentenced person is
  imprisoned must be criminal for both
  jurisdictions
• Any adjustment of the sentence must be given
  effect to by the receiving jurisdiction.

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Investigation Cooperation
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• .

In-service Training
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Cooperation
Mainland Authorities ( e.g. GDPSB )
OTHERS
HK IMM
US Dept of Homeland Security
RCMP
Foreign Agencies
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Cooperation
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Co-operation with Relevant Parties in Airport
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Assistance to Trafficked and Smuggled Persons

• Hong Kong has launched the Victims Charter which
  provides protection and assistance to victims
  including victims of human trafficking

• Legal Aid and medical service will be provided,
  if necessary

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Enforcement Actions! !
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Prevention
International Cooperation
Information Sharing
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Case Studies
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1. Operation CORALFISH (2001)

• Officers from Hong Kong Police Force, Hong Kong
  Immigration and Guangdong Provincial Public
  Security Bureau conducted a joint operation in
  Hong Kong and Mainland China against a forgery
  and human smuggling syndicate specializing in
  forging the HKSAR passports.
• 3 forgery workshops in Guangzhou were cracked
  down with the mastermind, 3 forgers and 12 active
  syndicate members were arrested.
• One of the syndicate members was convicted and
  sentenced to 12-month imprisonment.

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2. Operation CROSSLINE (2002)

• Officers from Hong Kong Police Force and Hong
  Kong Immigration carried out a joint operation in
  Hong Kong against a syndicate actively involved
  in recruiting Hong Kong residents to transfer
  their HKSAR passports for illegal uses.
• 3 syndicate members and 4 rightful holders of
  HKSAR passports were arrested. Later, other 5
  rightful holders were arrested for illegal
  transfer of their HKSAR passports.
• 6 of the rightful holders were convicted and
  sentenced to imprisonment from 12 to 15 months.
  One of the main culprit was convicted and
  sentenced to 24-month imprisonment.

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3. Detection of an Organized Forgery Human
Smuggling case at Airport (2001)

• Officers from Airport Investigation Group mounted
  surveillance operation in the Hong Kong
  International Airport. Subsequently, 5 persons
  including 2 Taiwanese couriers and 3 smugglees
  were arrested for forgery related offences.
• The 3 smugglees were convicted and sentenced to
  12-month imprisonment. The 2 couriers were
  convicted and sentenced to 30 and 48 months
  respectively.

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4. Human Smuggling by Container Vessel M.V.
Hyundai Kingdom (2003)

• Hong Kong Police Force received information that
  17 unauthorized persons were found hiding on a
  US-bound container vessel. Acting on the
  information, the Ship Searching Unit of Hong Kong
  Immigration Department was mobilized to conduct
  an on-site investigation.
• The 17 Mainland smugglees were convicted and
  sentenced to 4-month imprisonment and they were
  handed over to Mainland authority for follow up
  investigation after their jail terms.

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Other Joint Operations since 1994
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Other Joint Operations since 1994
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Syndicates
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Hong Kong SAR Government
Immigration Department