CB v Commissioner of Police, Secretary for Justice and Secretary for Security
[2025] HKCFA 10
13 Jun 2025
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The Hong Kong Court of Final Appeal dismissed an appeal by a foreign domestic helper concerning a claim for breach of the right not to be subjected to forced labour under Article 4 of the Hong Kong Bill of Rights (“BOR4”).
The Appellant alleged that she had been abused and indecently assaulted by her employer, amounting to forced labour. The Courts below had found that the authorities had failed in their duty under BOR4 to investigate her allegation of forced labour. On appeal she argued that the breach was caused by the absence of a bespoke criminal offence of forced labour. The Court of Final Appeal dismissed the appeal, holding that it had not been shown that the enactment of bespoke legislation criminalising forced labour was required as “the only effective solution” to provide a remedy for the breaches of the Appellant’s rights under BOR4 as found by the Courts below.
Monica Carss-Frisk KC of Blackstone Chambers appeared for the Appellant with Abraham Chan SC, Albert NB Wong and Alvin Cheung.
Lord Pannick KC of Blackstone Chambers appeared for the Respondents with Jin Pao SC, Martin Ho and Celeste Chan.
The judgment is available here.
