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5.3 Hong Kong Special Administrative Region (SAR) Legal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 5.3.1 Laws Sex work in private is legal in Hong Kong. The law prohibits keeping a brothel (of more than one sex worker), or control of sex workers by brothel owners or pimps. Many sex workers operate legally as individual sex workers from apartment buildings. Offences under the Crimes Ordinance 322 include: bringing another person into, or taking another person out of, Hong Kong for the purpose of ‘prostitution’. Consent of the person being transported is not a defence (Section 129); harbouring another person or exercising control, direction or influence over another person for the purpose of or with a view to that person’s ‘prostitution’ (Section 130); procuring another person to become a ‘prostitute’ (Section 131); living on the earnings of ‘prostitution’ (Section 137); keeping a vice establishment (brothel) (Section 139); soliciting for any immoral purpose in a public place (Section 147); advertisement of sex services (Section147A). 5.3.2 Law enforcement practices Most of Hong Kong’s sex workers are from mainland China and are at risk of jail pending deportation due to visa violations. 323 Some enter using a short-term travel visa. Penalties and deportation apply to migrant sex workers who overstay their travel visa or who work whilst on a travel visa. Some sex workers are prosecuted for possession of fake visas or identity cards. Legal sex work occurs in sub-letted apartments. If two women are found working in the same apartment, it is considered to be an illegal ‘vice establishment’. Sex workers are vulnerable to harassment by customers and police because the law requires them to work alone. Occasionally the police raid apartments used for sex work, with most arrests 322 Laws of Hong Kong Chapter 200. 323 Call for reform in HK sex industry, RMIT News, 11 January 2011. 102
eing for visa violations. Illegal brothels also operate, which are associated with organized crime. 324 Many sex workers operate from karaoke clubs. Individual migrant sex workers from other Asian countries operate from clubs, discos and bars. According to a report published in 2000, the police generally leave high-class sex workers and brothel owners alone; street workers (who are usually older) are targeted by police for arrest due to soliciting (whereas clients are rarely harassed or arrested). 325 Hong Kong East SAR Asia / Macao SAR 5.3.3 Efforts to improve the legal environment The NGO Zi Teng began as a service provider for sex workers and evolved as an advocacy organization. Zi Teng provides educational resources on human rights, gender-based violence, HIV and STIs. Zi Teng formed the JJJ Association, a sex worker peer support and advocacy group. JJJ Association trains sex workers to lead campaigns against police abuse and engage in public dialogue with law enforcement. JJJ Association holds meetings between sex workers and police to address reports of abuse. 326 The police set up a special taskforce to help sex workers after advocacy from sex worker groups and documentation of police abuses. The police began to meet regularly with sex workers and sex workers groups and exchange crime information with them. 327 Action for Reach Out is an organization that provides services and support to female sex workers and engages in advocacy for decriminalization of sex work. “SEX WORKERS ARE VULNERABLE TO HARASSMENT BY CUSTOMERS AND POLICE BECAUSE THE LAW REQUIRES THEM TO WORK ALONE.” 5.4 Macao Special Administrative Region (SAR) Legal SEX WORK IN PRIVATE Illegal SOLICITING — BROTHELS 324 Hong Kong police arrest triad leaders in city-wide raids Agence France-Presse, 15 December 2010. 325 Jordan A. (2000), Commercial Sex Workers in Asia: A Blind Spot in Human Rights Law in Askin and Koenig (eds.), Women And International Human Rights Law, Volume 2, Ardsley: Transnational. pp.525ff. 326 Leiper D. (2010) Sex worker rights are human rights, Global Fund for Women Newsletter, Spring 2010. 327 JJJ Association and Zi Teng. Fighting for our rights: How sex workers in Hong Kong are negotiating for more respect and protection (2010). Research for sex work. Issue 12. p.13. 103
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SEX WORK AND THE LAW IN ASIA AND TH
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SEX WORK AND THE LAW IN ASIA AND TH
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Table of contents 7. PACIFIC Overvi
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ACRONYMS AND KEY TERMS Term Definit
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PLHIV People Living with HIV PLRI P
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Legal terms Law: Laws are rules pre
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xii AN INDIAN HEALTH WORKER EXPLAIN
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India, Nepal and the Philippines).
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Laws, policies and practices that a
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opened a bar in Chiang Mai that pro
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8 SUSPECTED SEX WORKERS HIDE THEIR
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ii. iii. consultations with sex wor
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1.2 International legal and policy
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iii. the report of the Independent
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into commercial sex and by whom, an
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UN Trafficking Convention The UN Co
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20 SEX WORKERS WAIT FOR CLIENTS ON
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to police for fear of further abuse
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social security laws that do not re
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example. However, as these programm
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Jagriti Mahila Maha Sangh (Federati
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organize within their communities a
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32 KUAN HSIU-CHIN, ONE OF TAIWAN’
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Where governments have recognized t
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1.2 Laws that criminalize sex work
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4.2 Donors should support NGOs and
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40 NEARLY 2,000 SEX WORKERS SHOUT S
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e.g., devadasis, jogins, bhavins. T
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TABLE 1: LEGALITY OF ADULT SEX WORK
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The Local Government (Zila Parishad
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Despite the Court’s ruling, a stu
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order to ensure smooth operation of
Page 66 and 67: 4.3 Bhutan Illegal SEX WORK IN PRIV
Page 68 and 69: State laws relating to public order
Page 70 and 71: The Act provides institutional reha
Page 72 and 73: Convention for Suppression of Traff
Page 74 and 75: 4.4.2 Law enforcement practices Pol
Page 76 and 77: A study of 673 female sex workers i
Page 78 and 79: Kotiswaran has conducted a detailed
Page 80 and 81: involving power analysis, implement
Page 82 and 83: HIV/AIDS coordination committees we
Page 84 and 85: …The community mobilization effor
Page 86 and 87: The DMSC approach has reduced the n
Page 88 and 89: 4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91: 4.6.1 Laws The Trafficking and Tran
Page 92 and 93: false arrest for carrying condoms,
Page 94 and 95: 2. The government, donors and UN ag
Page 96 and 97: Section 371A and Section 371B of th
Page 98 and 99: Sex workers are routinely harassed
Page 100 and 101: fine. 261 An ‘incorrigible rogue
Page 102 and 103: The UN Committee on the Elimination
Page 104 and 105: 90 Caption for photo here SEX WORKE
Page 106 and 107: TABLE 2: LEGALITY OF ADULT SEX WORK
Page 108 and 109: or accommodates a woman for sex wor
Page 110 and 111: there are many illegal practices pe
Page 112 and 113: of police misconduct reported by se
Page 114 and 115: All pilot projects recognized that
Page 118 and 119: 5.4.1 Laws Sex work in private is l
Page 120 and 121: In 2011, the Legislature amended th
Page 122 and 123: y a television crew, which then bro
Page 124 and 125: others, inducing a person to be a s
Page 126 and 127: STI examinations show a rapid decre
Page 128 and 129: A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131: deportation, with limited access to
Page 132 and 133: 6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135: Prior to 2008, research documented
Page 136 and 137: 5. Targeting of sex workers reduced
Page 138 and 139: involved in drug use, special inter
Page 140 and 141: educate about the situation of sex
Page 142 and 143: such as streets and parks are a bar
Page 144 and 145: of Rp 5000 before leaving.…Securi
Page 146 and 147: 100% CUP 100% CUP approaches have b
Page 148 and 149: young, poorly educated Khmou women
Page 150 and 151: 6.4.3 Efforts to improve the legal
Page 152 and 153: There are periodic police crackdown
Page 154 and 155: Several workers in all groups raise
Page 156 and 157: The government issued an Administra
Page 158 and 159: Sex workers in many countries have
Page 160 and 161: of HIV prevention efforts. In the a
Page 162 and 163: There are also protective laws such
Page 164 and 165: Other examples of local ordinances
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Sex workers working independently a
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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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