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Hong Kong
forced labourjudicial reviewhuman trafficking
CB v Commissioner of Police
[2024] 2 HKLRD 104, [2024] HKCA 172
Key Principle
The State's positive operational and investigative duties under Article 4 of the Hong Kong Bill of Rights (prohibition of forced labour) are triggered by a credible suspicion of forced labour or human trafficking, and police decisions on victim-screening are amenable to judicial review for public-law error, but a court will not declare that the absence of a bespoke trafficking/forced-labour offence breaches that duty unless enacting such an offence is shown to be the only effective means of protecting the right.
Area of Law
banking
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