Entertainer visa? An unsolved puzzle
The explanation of entertainer visa in a glossary booklet published by STOP
Hong Kong is known for its convenient and welcoming policy that attracts thousands of tourists, overseas students and scholars, and expatriates. But with the “gate” wide open, is it a wise way to remain competitive or a loophole for potential sex trafficking?
During the interviews with various anti – trafficking agencies, including Liberty Asia, STOP, International Organisation for Migration and Harmony Baptist Church, they all mention sex workers and bar girls in Wan Chai entering Hong Kong on employment visa – entertainer visa.
“There are no information about this type of visa on the government website...the legislators ask if we have any clues about entertainer visa,” says Tina Chan, the project manager at STOP.
So a question to ponder - “is the entertainer visa actually available? If yes, what is it exactly?”
In a study entitled “Trafficking of Women into Hong Kong for the Purpose of Prostitution,” former law professor at the University of Hong Kong Robyn Emerton collected data regarding sex trafficking and conducted interviews with sex workers and different non-governmental organisations in the 1990s.
Emerton found out that many women from the Philippines and Thailand entered Hong Kong legally on six–month entertainer visas, and worked as sex workers in nightclubs in Wanchai and Tsim Tsa Tsui during that time.
It is certainly not a coincidence that a number of anti–trafficking campaigners and researchers have pointed the finger at the entertainer visa.
We sent questions about the entertainer visa to the Immigration Department (the Department). In the reply email, they said non-local persons who intend to work in the entertainment field may apply for an employment visa under the General Employment Policy (GEP), which is applicable to foreign nationals or the Admission Scheme for Mainland Talents and Professionals (ASMTP), which is applicable for mainland residents.
The Department neither addressed nor denied the availability of an entertainer visa. The reply also mentioned that persons admitted under GEP or ASMTP will typically be granted a 24 – month stay, though subject to change.
The Department did not respond to the follow–up questions about approval processes and eligibility criteria of an entertainer visa, but instead referred to their website. Yet, the website only lists out the documents required for application. The employing companies have to provide the employment contract and details of the company’s background such as business activities, sources and markets.
Outside a nightclub at Lockhart Road bar street
In March of this year, the Security Bureau revealed more details of approval and inspection policies of entertainer visas in a Legislative Council document.
It wrote that the immigration officer “may conduct field inspection on the relevant workplace” during assessment of application. The Immigration Department also would conduct spot checks “from time to time.” For example, inspections would occur in relevant workplaces to verify that the mode of operation, work environment, and number of employees is consistent with the information declared by the applicants and their employing companies.
The Security Bureau asserts that the Immigration Department has all along been strictly assessing applications for employment visa.
The entertainer visa is still ambiguous with limited information known. However, the number of approved applications for entertainer visas seems to have gone up in recent years. In the reply email, the Department disclosed the number of approved “sportsmen and entertainers” visas under the GEP in the past 5 years.
Although the Department claimed that the exact numbers of entertainer visa given out is not available, it shows a significant increase in “sportsmen and entertainers” visas; the number in 2016 is almost double of that in 2012. Under the category of GEP, “sportsmen and entertainers” visas makes up most of the total employment visas, around 30 per cent, in the past two years.
Legislator, Dennis Kwok Wing – hang, comments it will be too much speculation to say that the rise of approved sportsmen and entertainers visas is directly related to human trafficking. “Yet, the sharp increase in number is alarming and the government must look into it, to see whether it is related to human trafficking,” Kwok adds.
Whether the entertainer visa is associated with sex trafficking in Hong Kong remains unresolved. But this ambiguous visa has created a problem of sex trafficking elsewhere in Asia.
The Japanese government observed a dramatic rise of entertainer visas, largely from the Philippines, from the late 1970s. The entertainer visa was originally introduced to admit foreign nationals pursuing careers in art, music literature, sports, and performance related activities.
The government found out lots of Filipino entertainers experienced forced labour and sex trafficking. It then implemented an action plan in 2005, and one of the highlights is strengthening the visa issuance of foreign entertainers.
For example, the applicants are now required to show at least 2 years of related study or working experience outside Japan. It also looks into the employing company’s record of involving human trafficking during the assessment process. The companies are also required to pay the minimum wage of 200,000 Yen (around HKD$13,690) monthly to the entertainer. The number of entertainer visas from the Philippines has since plummeted.
South Korea experiences the same problem now, and the leading human right lawyers and activists are calling for improvements to the current system.
In a press release, Miah Park, head of Seoul office of International Organisation for Migration, stressed that a similar trend has been occurring around the world, and that the governments needs to recognise the abuse of entertainer visas and their potential to result in human trafficking.
“Along with strengthening the monitoring of E-6 visa issuance [entertainer visa], the [South Korean] government should commit to identifying current victims and protecting them,” she added.
