Injunction lifted but ISS-HK warned against dereliction of duty
Mar 29th, 2014 | Advocacy | Comment
The Refugee Union showed big support for Madam Lama in her fight for justice against ISS-HK and SWD in breach of their duties. The Union pushed back against an oppressive and abusive welfare system that fails to meet their most basic needs and leaves them destitute.
Madam Lama was represented pro bono by barristers Robert Tibbo and Mark Sutherland. Mr. Tibbo reminded the court that it is the government responsibility to meet asylum seekers and refugees’ material needs as they are prohibited from working.
Concerns were raised that without the injunction being extended, ISS-HK and SWD would fall back towards the dereliction of duty and egregious behaviour that made Madam Lama and family homeless twice in ten days. ISS-HK has lost all credibility with the refugee community.
These are issues of security of the individual, of both physical and psychological integrity, as refugees are marginalized and discriminated against as a clearly defined social group based on immigration status. As such Hong Kong government violates their rights to security.
Madam Lama and family required certainty that they will not be mistreated, mishandled and end up back on the street. It was noted that ISS-HK and SWD were in breach of fiduciary duties towards this vulnerable family.
Drawing attention to Madam Lama’s affirmation, Mr. Sutherland pointed out the absence of harmonious, uninterrupted welfare over three years of assistance that portrayed troubling gaps in services.
For years Madam Lama had to beg from friends and church to fill gaps that are the government responsibility, which was totally disgraceful. Welfare was sporadic and humiliating. It degraded this family by offering partial assistance, but not enough to switch the lights on.
The court attention was drawn to the government’s failure to meet refugees’ basic needs, an undesirable situation that left people desperately stuck in a corner without options, sufficient assistance or the right to work. Mr. Sutherland concluded, “We are here to seek proper justice in Hong Kong where the rule of law prevails.”
The Honorable Mister Justice Au was not persuaded that the injunction should continue and dismissed the summons trusting that ISS-HK would suitably house Madam Lama and family. It is understood that arrangements have been made for the family to view a two-bedroom flat on Monday.
The Refugee Union filed this High Court writ to warn ISS-HK to conscientiously perform their duty towards their members who will no longer passively submit to abuse and humiliation.
ISS-HK case workers are not likely to forget the lessons learnt from “Occupy ISS” and the High Court injunction. ISS-HK has been put on notice that refugees will strike hard when mistreated and have nothing to lose in the struggle for justice.
The emergency injunction phase of this court action is over. ISS-HK will certainly be more proactive in housing homeless refugees and ensuring that rent is fully paid for the most vulnerable. The case for damages now begins and ISS-HK staff will be made accountable for years of abuse.
The Refugee Union has emerging as a credible force to safeguard rights and interests.
China Daily – Haven of hopelessness
Mar 28th, 2014 | Media | Comment
ISS shops are owed millions and might stop food distribution
Mar 27th, 2014 | Advocacy | Comment
Ten months exposing refugee slums since May 2013 didn’t accomplish what the food crisis did in six weeks. While less than one thousand refugees live in slums, over four thousand depend on food distributed by the seven shops appointed by ISS-HK.
Few doubt that fraudulent practices deduct 1/3 value from food allocated monthly to refugees, who are jailed for 15 months if arrested working. Yesterday a Srilankan refugee lady was remanded in custody without bail after being charged with working illegally when ISS-HK didn’t pay her rent for months.
Last night a mother SMSed, “ISS say food per month is worth $1200, but I see my food price have maybe only $900. 5kg rice $55, 1 can milk powder $72, 1 pack Vitasoy $16.90, 1 bottle oil $28, onion $7, tomato $7, potato $7, eggs $10, 1 pack instant noodle $11, 1 chicken $40, 1 fish $30. Total $284 x 3 collections = $852 only.”
The distressed mother continued, “Even after change food [a new system started in February] also still like that. My big baby 4 cans of milk powder $920 + 3 biscuit $30 + juice $69= total $1019. My small baby 3 can milk powder $900. We don’t have $1200 per month each [as per SWD instructions to ISS-HK].
If imprisonment of refugees arrested working is unavoidable, it follows that the government has a moral and constitutional duty to meet refugees’ basic needs in general – accommodation and food in particular.
Vision First is very concerned that the food crisis will escalate. Reliable sources inform that the 7 ISS shops will stop distributing food in April 2014. The shop owners claim that ISS-HK hasn’t paid them for four to five months.
On 14 February 2014, ISS-HK wrote to the Refugee Union, “… all food suppliers are paid by ISS Hong Kong according to the amount of food ordered and dispensed on an actual disbursement basis. Payments to ISS by the Administration are made according to a payment schedule specified in the service contract. Unused money of the service project would be clawed back to the Administration at the project completion.”
In 2013 it was reported that ISS-HK returned to SWD over 60 million dollars unused, i.e. clawed back. Apparently SWD advanced ISS-HK 60 million dollars more than it required on a disbursement basis. That alone might have been financially reckless. These facts raise some red flags:
- ISS-HK operates on a disbursement basis, but in 2013 SWD overpaid ISS-HK about 60 million dollars;
- ISS-HK distributes 4.8 million dollars in food a month, but shops claim to be owed 24 million dollars for the past 5 months;
- ISS-HK distribute 4.8 million dollars in food a month, but 30% fails to reach refugees.
As the SWD-ISS Contract and accounting books remain strictly confidential, a certain degree of speculation is unavoidable. Given the investigation of ISS-HK, it is plausible that SWD froze to its rogue contractor in February.
This would explain why ISS-HK had no liquidity to pay the shops for food distributed in one month. The deepening crisis in March would then explain reimbursements stopped for two months. But why are the shops complaining about not being paid for four to five months?
- Is it possible that ISS-HK didn’t pay millions of dollars to the shops on ‘an actual disbursement basis’?
- Is it possible that ISS-HK didn’t pay millions of dollars to landlords on time?
- Is it possible that ISS-HK didn’t pay millions of dollars owed refugees for utilities, cooking gas, toiletries and transportation?
- If the SWD is not responsible for payment delays and failures, who is?
- Could such payment issues mask serious improprieties?
