Case dealing with forced labour, and alleged failure of authorities to meet Hong Kong Bill of Rights, art 4 obligations


Re: ZN v Secretary for Justice & Ors [2018] HKCA 473

This is an appeal from the judgment of Zervos J (as he then was) dated 23 Dec 2016 granting an application for judicial review concerning forced labour and human trafficking. The application had been granted on the basis of the evidence presented that the applicant, a labourer from Pakistan, was a victim of human trafficking for forced labour, or a victim of forced labour between 2007 and 2010. He had on various occasions approached law enforcement authorities to “give an account of his case” such that it “should have been sufficient to alert them, at least on some occasions, that this was a possible case of human trafficking for forced labour or forced labour”. The applicant “was denied protection under the Hong Kong Bill of Rights, art 4”.

The Court upheld the finding that the government had failed its investigative duty under art 4.

Raza Husain QC was involved in this case.