Local Sex Workers / Advocacy

Li Yuen Yee’s death

It has been three years since Li Yuen Yee was wrongly accused in an undercover operation resulted in her committing suicide. Although the incident has aroused public concern, the conclusion from investigation is not publicized yet. The Complaints Against Police Office (CAPO) has been delaying again and again to finish the investigation report. The police’s attitude in covering their police officers in abusing their power and violating police conduct has been a continuous threat in victimizing sex-workers. We strongly urged the authority to restore Li to her reputation.

Zi Teng statement for Li Yuen Yee’s death

Concern from the United Nations on sex workers’ situation

In November 2008, the United Nations has examined the second report submitted by the Hong Kong Government on “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. Zi Teng has also sent a report on the present condition of sex workers’ human rights

The Hong Kong Government has not carried out the responsibility of the convention. It fails to protect its civilians from cruel and inhumane treatment. Neither does it prevent public officials from violating the rights of the citizens. The Government allowed law-executing officers to abuse their power, improperly arrest and charge, with torture and inhumanely abuse and insult the sex workers. The United Nations has many items to inquire the HK Government, including how they treat the detainees, the discipline of law executors, strip search and the Complaints Against Police Office (CAPO). The United Nations has expressed special concern on police officers receiving free sexual service.

We are glad that the Committees show concern on sex workers’ situation. The Committees also accepted some of our recommendations, urged the Hong Kong Government to better police’s policy and law enforcement. We sincerely hope that the Government can positively respond to the Committees, better its policy and law enforcement.

Zi Teng statement urging the Government and Police to stop torturing sex workers

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Demanding to Stop All Torture and Inhuman Treatment towards Sex workers Zi Teng is a sex worker concern group focusing on the rights of sex workers. JJJ Association is a sex workers’ organization Migrant Support Network is a group concerns and supports migrant sex workers In November this year, the United Nation has examined the 2nd report submitted by the Hong Kong SAR on “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment“ Zi Teng has also sent a report on the present condition of sex workers’ human rights. The HK Government has not carried out the responsibility of the convention, which is protecting civilians from cruel and inhumane treatment and also prevent public officials to offend the rights of the citizens. The Government allowed law-executing officers to abuse their power, improperly arrest and charge, with torture and inhumanely abuse and insult the sex workers. The UN has many items to inquire the HK Government, including how they treated the detainees, the discipline of law executors, strip search and the Complaints Against Police Office (CAPO), etc. The United Nation has expressed concern about police officers receiving free sex services. Zi Teng raised her doubt to the UN and hereby we include some of the UN’s query: 1. Law executing officers inhumanely treat sex workers Locked in an Iron Cage In 2005, 80 sex workers were locked inside a small and filthy iron cage exposed in an open air car park in Tsim Sha Tsui. The CAPO (Complaints Against Police Office) had refused to accept the complaint and there was no police officer punished. Li Yuen Yee Incident During an undercover operation, police officer Yau Sue Ming refused to pay Li Yuen Yee after receiving oral sex service. The used condom she tried to keep as evidence was taken from her and disposed of. He also falsely accused her of threatening and blackmail. Li felt angry and jumped off from a building, coroner’s court has finished the case in May 06. The court has discovered that the police officer has concealed the fact that he had used condom and many other behaviors that were breaching the conduct. Li’s family has complained to the CAPO. Three years has passed and there is still no conclusion. Till now, the officer concern is still at large and not having any disciplinary punishment. 2. During the arrest and investigation, sex workers were treated with violence and receiving inhumane treatment The UN has expressed concern in Q27 about the complaints from sex workers towards police officers in undercover operation and also the treatment towards them during the investigation and interrogation (including strip search and approval for receiving sex services, etc.). The UN doubted that if there is investigation or measures to protect sex workers and punish those police officers who are responsible for abusing their power like using the handcuffs unnecessarily, forcibly entering a premise and take photos, sexually harassing or beating up sex workers, etc. In 2006 and 2007, there were more than 1249 cases of complaints towards the police by sex workers. The police use crackdown on the pimp and exploitation against prostitution as an excuse to arrest and intimidate sex workers. However, it is the sex workers, not prostitution, become the target for their crackdown. For example, the police use the excuse of investigating girl-under-age, taking officials from the Water Department, the Electrical and Mechanical Services Department to the one-apartment-one girl premises in Yau Ma Tei and Tsim Sha Tsui district to take photos, register and intimidate sex workers. Furthermore, the police use “undercover operation” as an excuse to sexually harass sex workers like caressing their breasts, requesting them to take off their pants. The arrested girls were being asked to have photos taken with their clothes pulled up. 3. Rights of the Detainee Denied The detained ones were forced to sign statement forms, requests for phone call were rejected and not allowed to contact any lawyers. The police refused to provide copy for the statement form (with Sham Shui Po Police Station the most serious). Until the time when they left the police station, the police gave the arrested a notice with the content reflecting it is a show business for the police and not really respecting the rights of the arrested girls. (For example, the police have refused many times to explain how the arrested ones sending emails and telex) 4. Strip Search In Q26, the UN has expressed concern about nude search incidents. In 2007, there were 95 sex workers who were arrested and being conducted a strip search. The new guideline in July 2008 is just justifying the procedure for strip search. Under the new guideline, the police still do not need to explain why such a search is being conducted. Strip search is being done to 6 sex workers under the new guidelines and 4 of them even had their pants removed and confiscated. 5. We request the police： The police should revise their guidelines. They need to specify clearly under what circumstances and with what kind of evidences the police can conduct different levels of body search. For example, when a police officer doubts that the detainees may hurt herself/himself, he should give substantial evidences to back up his judgment that she/he will harm her/his own self. Not just saying, “I hope she/he has nothing hidden to harm herself/himself or others” as a reason to conduct a body search. Body search can only be approved by officers with inspector level or above Using instrument and technological products to replace primitive level of conducting body search using human hands and eyes in order to reduce the chance for police officers to abuse their power and to make the search to be more effectively executed, respecting and protecting the privacy of the detainees. 6. Free Sex Service for the Police have aroused the Concern of the UN In Q27 the UN has expressed concern about police officers often abuse their power to enjoy free masturbation service during undercover operations. From 2004 to 2008, there were 100 police officers, under the support of the policy, receiving different kinds of sex services and masturbation is always being used as an excuse for police officers who actually have received oral sex and sexual intercourse service. According to various legal perspectives from Simon Young, Assistant Professor of Legal Department of the Hong Kong University, he pointed out that police officers allowed to receive masturbation service is not only spending public money for personal pleasure but also violating the moral standard. He further pointed out that if the police have enough evidence to charge, it is not necessary for the police officer to receive sex service. He referred to the undercover operation in other countries like Australia (Victoria, Sydney, Melbourne), Canada (Ottawa, Montreal), Chicago of the US and Ireland. All of the above have stated clearly that it is forbidden for police officers to participate in or accept any sex service. Under the new guidelines in 2007, with the approval of his senior, a police officer is allowed to receive masturbation service. The guidelines are still allowing the police to enjoy free sex service. The UN has requested the HK police to provide feedback in this issue. In July 2007, the police have once promised to gather information on undercover operations (such as how many police officers have received masturbation service), however, they suddenly change their attitude and refuse to provide the information. The police only stated that there are 723 undercover operations from October 07 to June 08 but refusing to state the no. of cases concerning police officers receiving masturbation service and also the verdicts resulted from the operations from the court. Recently, the phenomenon of the police receiving sex services has revived. There are already 4 cases of police officers receiving sex intercourse service. We demand the police to revise their guidelines and prohibit any police officer to receive sex service in any form. 7. Complaints Against Police Office(CAPO) fail to handle Complaints In Q29, the UN has expressed concern about Complaints Against Police Office. According to the information from the police, from January 07 to 08, there were 34 complaints from sex workers and other related organizations against the police. Most victims are afraid of revenge and did not dare to complain and there were cases that the police pay revenge on sex worker who filed a complaint. When some victims filed a complaint, they were obstructed by the CAPO. CAPO not only reject to accept complaints about power abuse of the police and even when they accept the complaints, they keep delaying in disclose the result the investigation (for example, Li Yuen Yee incident has taken place for 3 years, Ms Lai’s case for more than 2 years). Also, the details of the complaint are not truly recorded and the complainers themselves were being threatened and obstructed in the process. Even more, there were police officers, who were being complained, showed up in the working premises of the complainers and have them threatened even to the point that they will spend a longer time in jail. The whole system of the police using their own resource to handle complaints is just a system of protecting the police to continue to abuse their power without any consequence. Although the Independent Police Complaints Council (IPCC) is a legitimate organization for police complaints, it does not have the rights for investigation and thus cannot investigate misconduct in individual police officers or the administration of the police force. It cannot ensure a fair handling of complaints. The government should set up individual organization to investigate complaints of the police. We Demand the Followings： Exterminate all discrimination of sex workers and protect their human rights. Stop immediately the tortures and inhumane treatment by the public officials and punish seriously all those officers concern Evaluate again the guidelines for body search Revise again the guidelines to prohibit police officers to enjoy any form of sex service Set up an independent　system to investigate and handle complaints against the police, especially those about using tortures. 27 October, 2008

Mourning for sex workers’ death

As what we did in the past few years, Zi Teng joined the Human Rights Carnival and organized a protest to the Police Headquarters on the International Day to End Violence Against Sex Workers. However, we focused more on the death of sex workers as six were killed this year. We would like to raise more public concern on the safety of sex workers. Most of all, we hope that the authority can set up more effective measures to protect sex workers. Besides, we also submitted the result of “the most cruel treatment police done on sex workers” election to the police. This year, the most cruel treatment still goes to the receipt of free hand job service by police undercover.

Zi Teng statement on International Day to End Violence Against Sex Workers¹

December 17 this year is the 6th International Day to End Violence Against Sex Workers. Due to the social discrimination and the unfair legal treatment, sex workers are often exposed to different kinds of violence. We hope to commemorate the sex workers who have been bullied and killed with today’s activity, arouse more public concern on sex workers’ safety, respect and protect sex workers’ human rights. Can I choose staying alive? This is never a good year for sex workers in Hong Kong: four of them were killed by one serial killer and a copycat in March; one 15-year-old sex worker was chopped into pieces in the middle of the year, and one sex worker was brutally killed in November. Because of the social stigma on sex work, sex workers are often exposed to crime and violence. The above killings aroused much public attention. Yet, a group of the people still believes that sex workers create the troubles for themselves and do not deserve any sympathy. However, what they never think of is that, the victims do have their parent, children, friends and neighbors. They work under great fear and pressure everyday, praying that they will not be the next victim. What pushes them behind to work in this dangerous situation is their strong desire to earn money and take care of their family. While sex workers are often condemned, they still fail to rest in peace after death. Their family can only secretly mourn for them in the dark so as to escape from the social discrimination. After the death of six sex workers, we are glad that the police do work more to protect sex workers. For instance, the police in Shamshiupo, Tsuen Wan and Yuen Long are enthusiastic to solve the cases reported by sex workers. They also respect and offer substantial help to sex workers. A number of robbers are thus arrested. Nevertheless, still there are police officers striving to discourage sex workers from reporting the case, say, disguise their anti-sex workers raids as protective measures for women, force sex workers to provide the lease, or require sex worker who reports the case to provide her husband ‘s name and work place. This year, the United Nations has shown particular concern on police abuse against sex workers when examining the government report on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We urge the police to keep on protecting sex workers as well as improving current protective measures for sex workers. We particularly hope that the police can stop abusing sex workers. During the previous week, we collected the signatures from more than 282 citizens, clients and sex workers. We hope that we can send our grief to the victims, and our blessings to their family on this special day for sex workers. 17 Dec 2008

¹ International Day to End Violence Against Sex Worker
Background: This day originated from the day when Green River serial killer Gary Ridway, who has raped and killed more than 48 sex workers, was convicted. In order to stop violence against sex workers, sex worker organization SWOP has called upon sex workers throughout the world to organize activity to raise concern for those victimized sex workers, voice against violence and advocating to protect them through legislation.

Migrant Sex Workers in Hong Kong

Fundraising for Migrant Sex Workers’ Rights Reserve Fund
Last year, Zi Teng set up the Migrant Sex Workers’ Rights Reserve Fund to provide financial support for migrant sex workers to bring their cases to the court. Though very few migrant sex workers win their case, we are glad to see that more of them are willing to challenge the court decision. Yet, the fund is soon exhausted and we thus will organize a fundraising campaign for the fund. We will show the documentary “Sisters and Zi Teng”, which was one of the films in the first Sex Workers’ Film Festival we organized in 2006. If you would like to show your support on migrant sex workers, or you are interested to watch this documentary again, you are welcome to come for this documentary. For reservation or further enquiry, please do not hesitate to contact us.

China project

Exchange trip to Thailand
In order to let our project partners in China understand more about program development and sustainability, we organized an exchange tour to Thailand for six of them. Apart from the Mainland partners, members from the men’s group, sex workers and Zi Teng staff also joined the tour. We first visited Empower Chiangmai and MAP, and later GAATW and SWING in Bangkok, shared with our Thailand friends how we worked in different cultural contexts. We also introduced our work in Hong Kong to some sex workers at Empower Chiangmai.

In this trip, what impressed our Mainland partners most was the concept of trafficking, which is a concept they have never thought of. In fact, it is true that Mainland program coordinators and officers lack such concept, that they often fail to provide the most adequate support and service for deported sex workers or trafficked people. On the other hand, they also admitted they might not have enough experience or knowledge in how to support the deported and the trafficked. Perhaps we may have to provide further training on migration and trafficking for our Mainland partners. This will not only widen their scope of horizon, also enable them provide better support and service for sex workers.

In addition, because of the rally in Bangkok, the exchange trip was not able to come back to Hong Kong on the scheduled date. The tour was trapped in Bangkok for five days. Though they are eventually back to Hong Kong safely, we are greatly disappointed with the Hong Kong Government. While the governments of places like Macau and China are willing to rent for a plane to save its citizens, the Hong Kong Government takes no substantial action to help its people. Only when the situation became more chaotic and there were more criticisms condemning the Hong Kong Government from the public, the government just sent two immigration officers to Bangkok, as if the government officials were paying great attention on the situation. Nevertheless, the immigration officers not only failed to provide concrete assistance for most Hong Kong people, when Zi Teng tour suggested to meet with them, we were not allowed to do so.

If the Hong Kong Government really cares its people, how can it turn a blind eye to its citizens, who urgently needs the government to save them from a chaotic situation?

Macau project

Social Worker Festival
In October, Zi Teng staff was invited to the Social Worker Festival organized by the Macao Polytechnic Institute. Before the festival, we had started to provide volunteer trainings for the event organizers. We not only shared with them our outreach experiences, we also introduced them more to sex workers’ situation.

We gave a presentation, introduced Chitang Women Association to the visitors and shared with them our work and sex workers’ situation in Macau. The event was a great success. It attracted more than one hundred visitors. It also attracted a number of Macau press, who showed the most interests in sex workers’ situation.

To both Zi Teng and Chitang Women Association, it is a good to see that more people in Macau show interests and concern on sex workers. This suggests that Macau people may have changed their attitudes towards sex workers. As long as there is more concern on sex workers, we believe that there may be more support and service for sex workers in Macau in future.

Trafficking

Trafficking in Persons Research and Data Forum
Zi Teng was invited by the Australian Institute of Criminology to the “Trafficking in Persons Research and Data Forum”. We discussed and exchanged with other participants our thoughts on trafficking. We also presented our experiences in assisting trafficked women (migrant sex workers) at the seminar. In our presentation, we expressed our view on how trafficked people are often hurt by the current anti-trafficking policies and the protection schemes. We also mentioned what trafficked people really need in case of emergency. In fat, what we tried to emphasize to other participants is that there is often a gap between the anti-trafficking measures and the real situation of trafficked people. A gap brought by the policy-makers. Since the policy-makers are often reluctant to listen to the voices of the trafficked ones, they have no idea what should be done to help the latter, and they make ineffective policy and measures. Only when they listen to migrant sex workers’ and/or trafficked people’s stories, they can make better policy and genuinely help the trafficked.

Gender equality

Sex Culture Festival
We always believe that if people understand more about the diversities in sex culture, they will understand sex workers more, and there will be less discrimination against sex workers in the society. This explains why we are often keen to let the public understand more about sex culture and sex workers in the Hong Kong Sex Culture Festival. However, we did something different this year. Instead of showing sex workers’ culture to the public, we focused more on the relationship between men and sex workers, who are predominantly women.

Around twenty members from the men’s group joined us in the Sex Culture Festival. Many of them helped us to do much work, say, distributing the leaflets and materials to the public, decorating the booth. Some of them were even willing to continue joining us later in the Macau Sex Culture Festival. In addition, they were eager to tell the public how they learnt to respect and care for women and sex workers. Two representatives shared their view on their relationship with sex workers, and how they get along with sex workers in a public forum. Their presentation not only aroused much attention on the men’s group from the press and the public, also pulled more men to discuss with us over gender issues.

To us, the men’s group has brought one important impact on other men: they succeed to pull more men to think of and even reflect on their relationship with women. Only when men are willing to spend some time on gender discussion, we can have greater chance to make them reflect, and change their attitudes towards women. We sincerely hope that the men’s group will continue to make more people from different walks of life to pay attention on gender equality.

Public education

Re-understand condom

Sex is still a taboo in our society. Many people thus say ‘no’ to condoms, with some of them are afraid of condoms. No one dares to buy and carry condoms in an open way. If a woman is carrying a condom, people see her as a whore. If a man is carrying a condom, people see him as an irresponsible person, who will have sex with different person. In fact, condom is not the symbol of unfaithfulness, crime nor shame. Rather, we use condoms because we care and respect the sex partner. We want to protect her/him from STDs and HIV/AIDS.

Besides, people often misunderstand that it is safe to perform oral sex. However, unprotected oral sex can also lead to STD infection such as herpes and gonorrhea. Hence, it is necessary to use condom during oral sex. It is not the person her/himself but how s/he performs sex brings the risk.

In order to let the public understand the above, Zi Teng and a group of male volunteers carried out a campaign on World AIDS Day to tell the true story of condom. We hope both men and women can use condoms when they have sex, no matter it is oral sex or vaginal sex.

Zi Teng statement for World AIDS Day

World AIDS Day: Remove Condom = Rape, Don’t challenge the law December 1 is the World AIDS Day. Every year, different activities are organized around the world to arouse more concern on AIDS. Condom is an effective tool to protect oneself from STDs and HIV/AIDS, but many men believe that they enjoy less if they use condoms during sexual intercourse. They thus refuse to use condoms. This not only increases the risk of spreading the disease as well as getting infected by HIV/AIDS, they may also be charged with rape. Remove condom = Rape Quoting the words of practicing solicitor Martin Yeung, according to the Crimes Ordinance chapter 200 section 118, a man commits rape if he knows that she does not consent to the intercourse. The High Court also pointed out in the HKSAR v CHAN SIU MAN case that if a woman consents to safe sex with condom, but a man suddenly changes his mind or removes the condom during the intercourse, he will break the law and may be charged with rape if the woman objects to unprotected sex. If the man is infected by STD (sexually transmitted disease) or HIV, he may even be charged with “Wounding” or “Inflicting grievous bodily harm”. Recently, some shameless clients removed the condom during sexual intercourse with sex workers. This is definitely rape. We have called the police to work more on this. We appeal to the clients not to challenge the law. Use condoms for oral sex Besides, people often misunderstand that it is safe to perform oral sex. However, unprotected oral sex can also lead to STD infection such as herpes and gonorrhea. Hence, you should use condom for oral sex. It is not the person her/himself but how s/he performs sex brings the risk. We all need condom Sex is still a taboo in our society. Many people thus say ‘no’ to condoms, with some of them are afraid of condoms. No one dares to buy and carry condoms in an open way. If a woman is carrying a condom, people see her as a whore. If a man is carrying a condom, people see him as an irresponsible person, who will have sex with different person. In fact, condom is not the symbol of unfaithfulness, crime nor shame. Rather, we use condoms because we care and respect the sex partner. No matter you are doing sex with stable partner, sex partner, or sex worker, you should use condom. Presently, the quality of condom has greatly improved. Condom manufacturers have produced different kinds of thin condom, which bring you much enjoyment. In addition, thick condom helps you control the ejaculation and extend the intercourse time. Both your partner and you can have the greatest enjoyment. This year, Zi Teng and a group of men come out to promote safe sex. We urge both men and women to use condoms when you have sex, no matter it is oral sex or vaginal sex. We have the following appeals: Promote safe sex and sex education, enhance the public’s consciousness in safe sex. Join the ‘One Person One Condom’ Campaign. Men and women should carry their own condom for safe sex. Arrest the clients and men who remove condom during intercourse, safeguard the interests of sex workers and women. Dec 1, 2008

List of Donors (July/2008 – December/2008)

We apologize for any omissions!!