ZN v. Secretary for Justice, Director of Immigration, Commissioner of Police, Commissioner for Labour
Today we celebrate the International Day for the Abolition of Slavery. While the abolishment of slavery almost 200 years ago was a momentous triumph, we must recognise the continuing need to stand up against modern slavery.
Representing Mr. ZN, our firm has been preparing for the hearing before the Court of Final Appeal in ZN v Secretary of Justice & Ors. The Court will rule on the following:
Does Article 4 Bill of Rights (BOR) prohibit human trafficking for the purposes of (a) exploitation; (b) slavery, servitude and forced labour; or (c) forced labour?
Does Article 4 BOR impose an absolute duty on the government to maintain a specific offence criminalising (a) forced labour; (b) human trafficking for forced labour; (c) human trafficking for slavery, servitude and forced labour; or (d) human trafficking for exploitation?
If not: (i) Does Article 4 BOR impose a contingent duty to maintain such an offence? (ii) Does the contingency arise and is the duty triggered, when existing criminal law measures are ineffective? (iii) Is there a further requirement, for example, that maintaining such an offence is the only way of redressing the ineffectiveness?
If successful, the Government will have to consider the specific legislations to criminalise forced labour and human trafficking.
The hearing on 3 December 2019 (and reserved for 4 December) will be open to public. Please do come along if you have time.
