[Update] ZN v. Secretary for Justice, Director of Immigration, Commissioner of Police, Commissioner for Labour

On 3 and 4 December 2019, the hearing for ZN v Secretary for Justice & Ors was held before the Court of Final Appeal.

Representing Mr. ZN, a victim of forced labour and trafficking in Hong Kong, Raza Husain QC argued that Article 4 of the Hong Kong Bill of Rights Ordinance imposes an absolute duty for the government to enact specific legislations to criminalise forced labour and human trafficking.

He noted that a generous and evolutive interpretation of the Bill of Rights is necessary in addressing modern-day slavery in Hong Kong. He also highlighted the need for a bespoke offence for trafficking and forced labour in line with international standards.

Lord Pannick QC argued that human trafficking is not encompassed by Article 4 of the Hong Kong Bill of Rights, which prohibits slavery, slave-trade in all eir forms, servitude and forced or compulsory labour, even if applying a generous approach in interpretation.

He also argued that a patchwork of our evolving legislation is sufficient to deal with the crime of forced labour.

Judgment is reserved.

Press

SCMP, 4 Dec 2019, Hong Kong judges told ‘evil’ trafficking for forced labour must be outlawed under dedicated new offence

SCMP, 4 Dec 2019, Hong Kong does not need new offences for human trafficking and forced labour, government lawyer tells Court of Final Appeal

蘋果日報, 3 Dec 2019, 巴漢賣豬仔來港勞役四年 尋求終審法院宣判政府須就人口販運刑事化