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Refugee humanitarianly assisted by HK Government seeks protection from the system that assists him

Mar 3rd, 2015 | Crime, Housing, Welfare | Comment

—— SMS START ——
From: +852566722xx
Received: Mar 3, 2015 5:15 PM

Hi I am Tariq member of refuge union, live in tsim sha tsui mansion 11 floor. Before we live 7 people in one room and landlord want to add 2 more people in my room. I stop her and she called the police and put fake knife case on me. I need your help sir. She collaborates with ISS, but she put 30 people in one room. She use ISS paper for rent home and use for guesthouse. Plz help me sir.

(content edited for clarity)

—— SMS END ——

See our blog “Ill-treatment of refugees tarnishes Hong Kong’s reputation”

Dorm rooms in TST Mansion (3)

月租千餘元酷刑聲請族首選

Mar 1st, 2015 | Crime, Housing, Legal, Media, Welfare | Comment

The Sun article on Vision First - 28Feb2015

“The Sun” on Lands Department failures

Mar 1st, 2015 | Crime, Housing, Legal, Welfare | Comment

The Sun on the Chung Uk Tsuen fire - 28Feb2015b

Should refugees pay for case officers’ mistakes?

Feb 28th, 2015 | Crime, Housing, Personal Experiences, Refugee Community, Welfare | Comment

Should refugees pay for case worker mistakes

Blaze incinerates a refugee slum favored by ISS-HK

Feb 27th, 2015 | Crime, Housing, Personal Experiences, Welfare | Comment

Nobody was prepared to witness the devastation wrought by last night blaze on “The slum with the rusty gate” which Vision First brought to the attention of the authorities in October 2013 for reasons including a considerable fire hazard. In 2015 acts of God seem arranged to shut down refugee slums which (un)concerned government departments have been reluctant to dismantle.

Walking over the soaked remains of incinerated shacks which offered no sprinklers, fire extinguishers or fire hydrants (fire services laid hoses for trucks several hundred meters away), refugees observed it was a miracle nobody had died. “If the fire happened two hours later when everyone was asleep and the doors were locked, something worse would have happened for sure” noted Mumtaz, whose wife dashed out with their 2.5 month-old daughter, without a chance to grab her purse.

Burned remains, perforated tin sheets and bent metal beams reveal a conflagration that a crew of 165 firefighters with 35 fire engines could not contained till every shacks had been consumed by the raging fire. Eight fire trucks were dispatched to the nearest access road several hundred meters from Lot 2153 in Demarcation District 124, where ISS-HK currently sheltered 7 refugees, including children and a pregnant woman.

Unconfirmed reports indicate that the fire might have started in Francesca’s hut, constructed in a pigsty with metal sheets, plywood and no brick walls for sturdiness and protection. The hut was cluttered with a jumble salvaged from dumps, typical of refugee who scavenge to obtain everything they need. Francesca was known to cook on an electric stove, rumoured to have started the fire, which she brought home from a rubbish dump with no functionality assurance.

Ms. Mumtaz describes her escape, “I was cleaning the house and the door was open. I heard two loud bang noises. I looked and saw [Francesca’s] hut was burning very bad. We use cooking gas [large 27Kg. cylinders] and I was very scared of explosions. I was so afraid …. I grabbed the baby and ran away in my nightgown. I didn’t have time to take my other documents, just the her birth certificate.”

Yusna lives in a nearby refugee slum, “This is the third time I see fire like this. Every night I sleep with my daughter and I am afraid. Two years ago it happened in Hung Shui Kiu and ISS moved me to another slum. Then there was another fire and I moved here. But we are not safe like this. These houses burn very very fast. There is no way but run away.”

Arif of the Refugee Union commented, “It is the second fire in ISS slums in one month. They are lucky nobody died last night. God is telling them that the slums are dangerous and next time there will be dead people. These refugees lost everything: clothes, furniture, appliances, nothing left. It takes a family more than a year to collect everything they need from garbage. What can they do now?”

Mr. Mumtaz lived in this slum for 3.5 years with rent paid by ISS-HK from the government purse to a purported landlord. The address displayed on his ISS-HK Agreement on Provision of Assistance signed on 12 February 2015 is: Rm B3, No. 12 Tin Sum Sun Tsuen, Yuen Long.

There is a minor variation from the address shown in hisISS-HK Agreement signed on 13 September 2013. It is significant that the Lands Department officially identifies this location as Lot 2153 in Demarcation District 124 in Tin Sam San Tsuen. What justifies the considerable discrepancy?

Fire burns through a refugee slum, again

Feb 26th, 2015 | Crime, Housing, Refugee Community, Welfare | Comment

On 25 February 2015 at 10:30pm alarming SMS circulated, “Good evening, I want to give information. There is fire in the Chung Uk Tsuen [slums] near the home of Yusna. Precisely in the house of Refugee Union Francesca … two houses burnt to a crisp … She was rushed to the hospital because she was limp and panic.”

A month after a fire took the life of Sri Lankan refugee Lucky, another blaze raged through a compound near Tuen Mun, in an area with the highest concentration of refugee slums supported by ISS-HK with government funds. An intricate maze of narrow paths intersect agricultural lots where rusty, ramshackle ruins of pigsties and chicken sheds are turned into illegal dwellings.

It is reported that a gas cylinder blew up in the shack of a resident Pakistani, starting a blaze that engulfed the compound familiar to Vision First as “The slum with the rusty gate”, reported on 4 October 2013. At the time we noted that residents lived in and maintained better abodes than penniless refugees who cannot afford repairs and whose ISS-HK contracts displayed fake addresses.

Police cordoned off the area to facilitate the work of dozens of firemen and medics who worked frantically till 2pm. Preliminary information indicates that the blaze broke out shortly after 9pm and took almost four hours to extinguish presumably due to a lack of fire hydrants and vehicular access, combined with challenging nighttime conditions.

Assuming that all slum dwellers escaped unscathed, the complex erection of several shacks on two storeys and the unregulated storage of gas cylinders probably increased the danger faced by rescuers. This blaze didn’t only threaten the life and property of refugees, but also of residents who apparently don’t enjoy the building standards and fire safety regulations which ought to protect everyone by law.

Vision First is concerned about Francesca and her two year-old son Ismaeel who lived in one of the huts reported to have burned to ashes. In 2010 Francesca fled to Hong Kong with a well-founded fear for her life. She was not a domestic worker. The awful living conditions she endured in the slum bore witness to the severity of the domestic violence that compelled her to leave five children behind.

Last night Francesca was taken by ambulance to hospital in a state of shock. She often complained about her dangerous hut, but had no money to relocate. Her home flooded in the rain, backed in the sun and seemed poised to collapse under its own weight. Hers was one of the worst shacks documented and a crying shame for caseworkers who permitted a mother and baby to live there.

An act of God draws attention again to the slums where indigent people – in this case residents and refugees – live in hazard conditions that the authorities chose to ignore despite their very existing challenging rules and regulations. An activist observed, “The rule of law is bent. But since no one complaints, it is fine. Let business go unimpeded, since business is all that matters in Hong Kong.”

Enforcement Action against Refugee Slums

Feb 24th, 2015 | Crime, Housing, Welfare | Comment

Email from Lands - 24Feb2015

Corruption of omission: looking the other way from something patently wrong

Feb 15th, 2015 | Crime, Legal, Media | Comment

SCMP - Corruption thrives in Hong Kong

Joint slum inspection with Lands Department

Feb 14th, 2015 | Crime, Housing, Welfare | Comment

On 13 February 2015 Vision First conducted a joint slum inspection with a team of lease enforcement officers of the Lands Department, who are tasked to identify unauthorized structures and take enforcement action against registered owners in flagrant breach of lease covenants.

Following the slum blaze in which a Sri Lankan refugee was burned to death, the government approach towards and tolerance of refugee slums appears to have markedly changed. It was regrettably predictable. Vision First campaigned vigorously against hazardous slums advising officials to prudently take preventive actions against dangerous structures before the loss of life and property.

The lead Land Executive confirmed that the present compound at the Slum on two Storeys, the site of the fatal fire, was in breach of the land lease. She explained that the Squatter Control Survey only classified three small huts as “tolerated structures”, erected prior to 1982 and marked “TS” on Lands charts (red ellipse), and those shacks no longer exist.

The Lands executives were shown around the slum and spoke to resident refugees. They were lead to the back of the second storey where the most hazardous cubicles are not easily accessed. It was confirmed that enforcement action started after the fire and warning notices had been posted on 11 February 2015. Lands was yet to hear from the registered owner.

The appalling living conditions – dreadful waterless toilets and bathing buckets in particular – raised grave concerns with the lead officer who asked, “Has the Social Welfare Department visited this place?” She was surprised to learn that her colleagues at the SWD had never visited any of the refugee slums they supported through contracted agent ISS-HK. She assured Vision First that she would refer this case to the SWD and Fire Services for follow up.

We shared a ride in the Lands van to the nearby “Slum that rose like a Phoenix”, which takes its name from a previous blaze and was reported by Vision First on 20 November 2013. We witnessed the Lands executives posting a notice on the perimeter fence 450 days after our original blog. The notice warned that present structures are in breach of lease conditions and must be purged within 28 days to avoid further lease enforcement action.

The lead officer confirmed that following a public complaint, Lands had inspected the site last week and identified unauthorized structures in which dozens of refugees appeared to have been living for some time. She questioned the appropriateness of such arrangements on agricultural land that were not tolerated. She further explained that the government will reenter the land if the registered owner fails to demolish the offending structures in a month’s time.

Affected refugees are gravely concerned about the prospect of being suddenly evicted, though they generally appreciate that short-term discomfort (moving to guesthouses or dormitories) is preferable to years of living dangerously in structures that could as easily collapse as erupt in a ball of fire like Lucky’s hut. Death has a way of focusing attention on what is most important in life.

Vision First emphasises that securing adequate housing for refugees is a government duty, not a task for penniless refugees without savings and work rights. Few doubt that Hong Kong Government is at fault if it fails to meet the legal requirements of the High Court “Usman Butt” case (HCMA 70/2010):

“A genuine torture or refugee claimants deserves sympathy and should not be left in a destitute state during the determination of his status. However, his basic needs such as accommodation, food, clothing and medical care are provided by the Government” – Justice Cheung.

VF Report: the Slum on Two Storeys closes down

Feb 13th, 2015 | Crime, Housing, VF Report, Welfare | Comment

The LegCo “Panel on Housing” of 2 November 1998 states “Any illegal structures or extensions built after 1 June 1982 on … leased agricultural land without the approval from the Lands Department, are classified as squatters and are subject to demolition as and when they are discovered. Structures registered in the 1982 Squatter Control Survey are tolerated until such time when their removal is required for public development, environmental improvement or safety reasons.”

On 11 February 2015, the Lands Department affixed this notice at the Slum on Two Storey, the site of the fatal fire. The registered owner is notified that three metal and wood structures of specific measurements had been tolerated. However such structures had been previously demolished and replaced with the current unauthorized structures, thus cancelling the squatter license. In other words, the entire compound is found to be illegal and must be returned to agricultural use.

A quintessential expression captures the moment – closing the stable doors after the horses have bolted. Since May 2013 Vision First has advocated tirelessly for safe and proper housing for slum refugees by reporting our findings to departments including the land authority. Two weeks after the death of a refugee squatter, lease enforcement commenced against an unscrupulous slum lord.

It appears that not all government departments are reading from the same page. On the one hand Lands Department publicly stated that several refugee slums are illegal and posted notices at certain location. On the other, the Social Welfare Department did not concede that rules and regulations were broken by settling refugees in slums since 2006. Truth would go a long way in resolving the issue.

Meanwhile the Hong Kong Police is apparently attempting to maintain order in a familiar way, namely gagging refugees from voicing grievances. Whether coordinated or the result of individual opinion, a Refugee Union leader affirms he was visited by four police officers in his tin shed at night and warned that he should not join an upcoming protest. Another refugee in a different slum was told by a policeman, “Why you complain? You have a good room”. The officers were met with silence as pajamas were not the right attire for a debate.

At this juncture, the government should be coordinating and implementing a rational clearance of dangerous slums. Priority should be given to locations with high fire hazard from which refugees ought to be urgently moved to guesthouses while permanent solutions are identified. It is meaningless for caseworkers to instruct refugees to immediately secure proper accommodation for 1500$ a month!

Refugees were victimized when they were first settled in slums years ago. Today they are victimizes again by sudden evictions. It is a no-brainer that 1500$ legal rooms do not exist and refugees have no resources to pay for rent surplus, since they are not allowed to work. Something is amiss in the government’s strategy to resolving this housing crisis in which everyone is responsible, and not only the refugees as pro-government propaganda states.

The above mentioned paper concludes, “It is the Government’s policy that no one would be rendered homeless as a result of the clearance programmes. When clearance is to be conducted in a squatter area, all persons … will be rehoused to public rental housing or interim housing units according to their eligibility.” Current practices again shamefully belittle the dignity and humanity of refugees.

Lands Dept notice at the Slum on Two Storeys - 12Feb2015

 

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