Hong Kong Court of Appeal judgment urges HK Government to act over its failure to investigate potential forced labour


This was the first judicial review in Hong Kong concerning a victim of forced labour and human trafficking. Matrix’s Raza Husain QC, leading Paul Harris SC and Azan Marwah, instructed by partners Mark Daly and Patricia Ho of Daly Ho and Associates, acted for the claimant.

The Court of Appeal held that (a) the claimant was a victim of forced labour in respect of whom (b) the Hong Kong authorities had failed in their protective duties under Article 4 of the Hong Kong Bill of Rights (which prohibits slavery, servitude and forced or compulsory labour) by failing properly to investigate his claim.

The Court further held that Article 4 did not extend to cover human trafficking and also did not obligate the Hong Kong authorities specifically to criminalise forced labour. The claimant is considering seeking leave to appeal to the Court of Final Appeal on these points. For press coverage, please see here. 

To see the judgment in full, please see here.