World

Abused Philippine maid to sue HK police for refusing her ‘trafficked’ status

It follows rare successful conviction of employer for sexually assaulting domestic helper in financial hub

Updated 5 years ago · Published on 02 Jul 2021 6:30PM

Abused Philippine maid to sue HK police for refusing her ‘trafficked’ status
Lawyers for a Philippine domestic worker in Hong Kong have launched a judicial review against the police commissioner and justice secretary over their handling of her case. – Pixabay pic, July 2, 2021

HONG KONG – A Philippine domestic worker who was sexually abused by her Hong Kong employer will take the city’s police to court over their decision not to classify her as a victim of human trafficking, said her lawyers today.

Activists have long argued that the financial hub’s 370,000 domestic workers – mostly poor women from the Philippines and Indonesia – are acutely vulnerable to various forms of exploitation, including sexual abuse, and have backed calls for a suite of dedicated anti-trafficking laws.

Authorities have rejected those demands, but now face a legal challenge after a rare successful conviction of an employer for sexually abusing a domestic helper.

The woman – referred to in legal documents as “CB” – was hired to work as a helper for Brian Apthorp, a British permanent resident in his 80s.

She alleged that Apthorp routinely sexually assaulted her throughout her employment in 2018 and 2019.

Apthorp was today convicted of two counts of indecent assault against CB, and will be sentenced on July 15.

But, the woman’s lawyers said she feels let down by the response from police and prosecutors, particularly their decision to try Apthorp at the magistrates’ court, which deals with the least serious offences and where prison sentences are capped at shorter lengths.

They have launched a judicial review against both the police commissioner and justice secretary over their handling of the case.

News of the potentially landmark legal challenge comes on the same day Hong Kong’s government hit out at a decision by the United States to keep the city on a human trafficking watch list.

Each year, the State Department assesses countries on whether they are adequately tackling human trafficking.

In its report for 2021, US officials said Hong Kong is still not doing enough to identify trafficking victims and prosecute abusers, keeping it on the “Tier Two” watch list ranking alongside countries such as Belarus, Liberia and Thailand. 

“The absence of laws criminalising all forms of trafficking impeded officials’ ability to investigate and charge suspected traffickers,” said the report’s authors.

Hong Kong’s government blasted that assessment in a statement today, describing it as “biased and unreasonable”, and declaring that human trafficking has “never been a prevalent problem” in the city.

In a legal briefing, CB’s lawyers said they plan to argue that Hong Kong needs “bespoke legislation” to counter forced labour.

They also plan to challenge police’s decision not to classify their client as a victim of trafficking or forced labour – an assessment that could have meant Apthorp would have faced more serious charges and a longer sentence.

“Mainland China has an array of legislation specifically criminalising forced labour and human trafficking,” CB’s lawyer Patricia Ho told AFP.

“Hong Kong needs to catch up to that.”

The court will hold its first hearing on September 30 and decide whether to proceed with a full review.

If successful, a judicial review could add pressure on the government to bring in new laws to counter trafficking. – AFP, July 2, 2021

Related News

Events / 7mth

Penang International Dragon Boat participants remember their fallen brothers in Hong Kong

Malaysia / 7mth

'Rest easy, Wai Ho' - Malaysian firefighters pay tribute to their fallen comrade

Trending / 7mth

'My superhero': Girlfriend mourns death of boyfriend firefighter in Hong Kong blaze

World / 8mth

Two dead after cargo plane skids off Hong Kong runway into sea

Malaysia / 1y

Trio linked to GISB charged with human trafficking, sexual assault

Malaysia / 2y

Johor immigration cripple human trafficking syndicate

Spotlight

Malaysia

“I will meet him. He is also my friend,” Zahid says on Nga’s resignation remarks

Malaysia

King accords Singapore President full state welcome at Istana Negara

Malaysia

Sports YouTuber seriously injured in suspected assault at PJ petrol station (video)

Malaysia

PRN Johor: Take accountability, not blame others – former MP tells PH

Malaysia

Zara Qairina showed no evidence of persistent suicidal intent, psychologist tells court

Malaysia

DAP retains eight incumbents, unveils three new candidates for NS polls

Malaysia

Syed Saddiq: Court decision a strong endorsement of judicial independence

Sports & Fitness

France vs Spain World Cup 2026 semi-final set to be billion-dollar showdown

You may be interested

World

Netanyahu faces four key challengers as Israel sets general election for Oct 27

World

Beijing warns against ‘stirring up trouble’ over 2016 arbitration ruling

World

Deadly Bangkok pub fire claims 27 lives, dozens critically injured (videos)

World

US-Iran conflict escalates as missile strikes spread across the Gulf to a closed Hormuz Strait

World

Air strikes continue, tankers come under fire as US-Iran conflict escalates in Hormuz Strait

World

Strong 6.3-magnitude earthquake strikes southeast of Loyalty Islands