ABOUT US

Liberty Asia's Legal Resource Centre aims to provide resources for NGO support providers and legal practitioners working in the area of human trafficking in Hong Kong. The resources include legal instruments, case laws, best practice materials, guidelines as well as recent news and reports relating to human trafficking in Hong Kong and on an international level. An online consultation service also provides practitioners with the opportunity to send requests for assistance tailored to the needs of their respective cases.

 

Latest releases by Liberty Asia

July 2018

Making the case for Abolishing Criminal Defamation Laws

The use of criminal defamation continues to intimidate workers seeking to enforce their rights, human rights defenders, local communities, whistleblowers and journalists in Southeast Asia particularly in the context of business-related activities. Reports on workers, human rights activists and journalists facing charges for allegedly defamaing big corporations span across different industries from poultry, fruit and vegetble export, mining and palm oil. 

The report recommends governments to take measures keeping courts from being used against workers seeking to enforce their rights, human rights defenders seeking corporate accountability, by decriminalizing defamation and preventing large and powerful corporations to sue for civil defamation as well as enhancing defenses to civil defamation claims. The public interest is not best served by the use of criminal defamation laws and it also undermines the effective application of labor laws and anti-exploitation laws in protecting vulnerable people. 

June 2018

Legal Analysis of Human Trafficking in Vietnam

The report is the fourth of a series of legal gap analysis of anti-trafficking, anti-money laundering and anti-corruption legislations in Southeast Asia. The Vietnamese government has made significant progress to reinforce the current legal system on combating trafficking, particularly in regulation and criminalising trafficking in the Penal Code. Trafficking in persons and its concerning activities are scattered in widespread offences and the legal system could benefit from consolidating related offences under a single piece of anti-trafficking legislation. The absence of the non-criminalisation provision is also problematic and limits victims' access to justice.  

March 2018

Legal Analysis of Human Trafficking in Malaysia

The report is the third of a series of legal gap anylysis of anti-trafficking legislation in Southeast Asia. There have been significant developments in the policy and legal framework in Malaysia but significant gaps remain in the protection and access to justice mechanisms for victims of trafficking and other forms of exploitation particularly the vast majoirty of exploited foreign migrant workers who are employed across the formal and informal work force in different sectors. 

February 2018

Malaysia's Palm Oil Industry

The report is an industry-focused analysis of the Malaysian palm oil industry with specific insights into the industry’s governance and investment framework, relevant labour laws that apply to migrant workers in the industry and various dispute resolution mechanisms that are available to address disputes of individuals and communities affected by the operations. Several initiatives and guidance to improve the governance and social framework, certification standards and responsible investment including Environmental Social Governance reporting are discussed to highlight the multiple opportunities that are available to a range of stakeholders including the business community, civil society, law enforcement and industry bodies in the palm oil industry to leverage existing opportunities to improve social standards particularly social issues that affect the migrant worker communities and create a change in business practices that respond to and respect the human rights. 

September 2017

ASEAN & ACTIP: Using a Regional Legal Framework to Fight a Global Crime

This report by Liberty Asia and White & Case summarizes the most important ACTIP provisions, compares ACTIP with ASEAN members' domestic legislation and the European Convention, and sets out recommendations for a monitoring and enforcement framework. 

August 2017

Modern Slavery - An Introduction

This White Paper,  a collaboration between Liberty Asia and Clifford Chance, looks at normative and legislative trends taken to address modern slavery ranging from the global to the national and state level. The paper also analyzes the impact of the current legislations on corporate disclosure and transparency and discusses how a patchwork of diverse legislations which differs from jurisdiction to jurisdiction in scope and application, and across different industries should lead to a development of a global standard. 

July 2017

Paths to Social Risk Reforms for the Hong Kong Financial Markets

This paper examines some of the reasons behind the increased profile of social risk issues in the business world, including: the increased investor demand for socially responsible companies;  a continued crack down on forced labour by legal and regulatory enforcement regimes; and lobbying by global frameworks, NGOs, and nonprofi ts for social risk reform. This paper also examines and evaluates some of the steps taken to combat social risk issues in Hong Kong and the Asia-Pacific region more generally, and finally proposes reforms to better address these social risk issues. 

Legal Analysis of Human Trafficking in Thailand

The Legal Gap Analysis of Thailand's anti-trafficking legislation seeks to offer a comprehensive insight into various areas of local law that are relevant to combating human trafficking and modern slavery including how these laws fare with respect to Thailand's commitments or obligations under international conventions and agreements. Anti-money laundering and anti-corruption provisions that are relevant to human trafficking are also examined in detail.  

 

 


Law and Practice

This section contains treaties, conventions, international laws and Hong Kong laws for practitioners working with victims of human trafficking. We also provide information on the status of treaties, conventions and other international instruments to which Hong Kong has become a party. 

Case Law

Our case law section contains international, European Court of Human Rights, International Criminal Tribunal for the former Yugoslavia and Hong Kong cases that consider issues of trafficking, sexual exploitation, forced labour, domestic servitude, debt bondage and forced marriage.   

This section is now organized by topic and where cases were decided. Since cases brought in one area of practice may contain findings on trafficking that are relevant to other areas of practice, we encourage practitioners to review the case law beyond their specific practice area with this in mind. Liberty Asia have prepared summaries of many of the cases listed outlining key findings.  

We encourage all practitioners to forward relevant cases to us for inclusion in these pages to share with other practitioners. 

Resources

This section collates recent news, reports, best practice materials, general principles/guidelines, useful learning tools and websites that may be useful for practitioners working in the area of human trafficking. Liberty Asia encourages colleagues to forward useful reports and other materials to share with other practitioners.

Consultation

This section allows service providers to send in queries about their trafficking cases and be sent relevant legislation, policy or research as required. Other queries are also welcome.