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A tearful farewell to Lucky

Mar 27th, 2015 | Housing, Personal Experiences, Refugee Community | Comment

“I knew Lucky from Sri Lanka. We played football together. He was an excellent player. Then our lives were destroyed by the war. After we fled to Hong Kong I cannot say that it was easy for him. Lucky was friends with everyone, but smiling doesn’t mean you don’t have HELL inside.” This poignant remark from an old friend captured the spirit of the funeral service for refugee Sivarajah Sivatharan.

Fu Shan Public Mortuary is nestled in the green hills of Tai Wai, a peaceful location grounded in nature and connected to eternity though the smoke that rises unworried to the sky every fifteen minutes. Almost a hundred friends joined Lucky’s brother Sivaharan, who flew in from the United Kingdom, to bid a sorrowful farewell to a refugee who found misery, not protection in our inhospitable city.

The ceremony was attended by NGO workers and priests who work closely with the community. The general discussion was that life remained miserable; those stranded here for over a decade lamented the lack of progress. A veteran refugee remarked, “Nothing has changed. It is years that I am waiting and nothing good happens. When I arrived my son was one year old. Now he is 12 and he refuses to talk to me on Skype because he doesn’t know me. It breaks my heart!

The Srilankan refugee community is quietly stoic and confidently brave. Everyone saw death in the face and overcame unspeakable horrors before seeking sanctuary in Hong Kong. The government understands it and the majority of substantiated torture claimants are Eelam Tamil, a minority ethnic group that suffered tremendously through a 26-year civil war and its fearful repercussions.  

Lucky’s mourners questioned the circumstances and the responsible those who for years approved his home in a dangerous tin shed: the fixer who rented huts on property he did not own (Land Dept source); ISS-HK who failed to safeguard Lucky’s wellbeing and entered problematic addresses in service agreements; SWD who turned a negligent blind eye to the slums until the fatality. The distraught grievers had nothing good to say about a welfare system that oppressed them.

The Refugee Union denounced those responsible in an earlier statement. “We condemn in the strongest terms possible the heinous act of allowing refugees live in squalid, hygienically unsafe and deadly trapping unauthorized structures … The death of our friend Lucky was as a result of impunity, negligence, malpractice and outright discrimination.” The Union is requesting a Corner’s Examination.

A Hindu priest presided over the cremation and guided Lucky’s composed brother through the rubrics of an ancient ceremony. Father Blaise subsequently intonated the Lord’s Prayer that was softly supplicated by mourners whose voices were drowned by sorrow. Finally, Sivaharan pressed a button and the coffin glided silently behind a purple curtain into consuming flames. Rest in Peace, Lucky!

A tearful farewell to brother Lucky

Immigration deploys heavy hand against pregnant woman

Mar 26th, 2015 | Detention, Immigration, Personal Experiences, Rejection | Comment

A 32 week pregnant former domestic worker reported to Vision First that in March 2015 Immigration officers used heavy-handed tactics in an attempt to remove her from Hong Kong International Airport.
Through sheer determination she scored a victory against state machinery that presumably safeguards border integrity with due regard to human rights.

Fitrini (not her real name), 28, was terminated by her Chinese employer when she was two months pregnant, despite discrimination against expectant women being outlawed in this cultured and sophisticated city. She recounts, “I read my contract and nothing said that I could not get pregnant. He didn’t have the right to terminate me. My agency said that they could not help.”

Fitrini fell pregnant with her South Asian boyfriend who supported her throughout the ordeal as they sought a way to stay together. They still plan to marry in the future, “after we find a solution to our problem because after my visa expired I had to leave Hong Kong.” They are in love and wish to raise their child together “if Immigration gave me a chance to stay here,” the mother explained.

In an attempt to stay legal, Fitrini went first to Macao for one month. Upon her return to Hong Kong she was questioned by Immigration and eventually granted a one week visa, “Because I said I have many clothes and things I must collect before I go back to my country.” She then left behind the city, her boyfriend and her dreams of a happy family.

Fitrini’s Muslim family was furious at her predicament. They felt that an unmarried pregnancy brought unforgivable shame to them. “My family could not accept me. Everyone turned against me because of the baby. I could not stay home, so I decided to return to Hong Kong. I hadn’t done anything wrong and thought that Immigration would give me a chance because my boyfriend was here.”

Fitrini narrated her experience. “I had a good record and I hoped Immigration would give me a visa upon arrival. Instead they refused me to let me in. They asked why I came back and I told them I had to meet my boyfriend. They detained me and warned, ‘This time no bargain’. I asked what does it mean? The said a flight had been arranged and I had to leave Hong Kong”

“I said I could not go back because I had problem with my family and I wanted to see my boyfriend, but they would not listen. [With a pretext] to move me to another office, they took me in front of the plane but I knew what it was and grabbed the cabinet and screamed. There were three female officers pulling me but I grabbed the chairs and screamed as many [passengers] watched.”

“I was 30 weeks pregnant and afraid to go back home. I have to stay in Hong Kong to see my boyfriend who was waiting outside the airport. Why they do that to me? They dragged me to the airplane three or four times and I have to fight with them … I was screaming and kicking in front of everyone. This was very shameful but I had no choice.”

“I did not tell them I understand Chinese. When they talked about getting a wheelchair and tying my arms and legs, I warned that I would make suicide before they put me on the plane. For four days they pressured me and used force. I did not believe that Hong Kong Immigration could do this. After four days they let me use my mobile phone and I called outside. Before they refused me to see the lawyer that came with my boyfriend, but then they agree.”

“I never wanted to be as a non-refoulement claimant, but I had to sign [a USM claim] to get in. I only wanted to see my boyfriend to find a way out for our problem. We have a baby and we want to be together. Immigration said I could not have the baby in Hong Kong. They force me to leave, but I fight with them and in the end they released me.”

This incident sheds light on questionable tactics adopted by Immigration officers to remove a vulnerable and pregnant Foreign Domestic Helper considered undesirable and deportable because no longer useful as cheap domestic labour, despite Hong Kong’s ostensible support of human rights.

Immigration deploys heavy hand against pregnant woman (smaller)

Hong Kong Post Office does not accept Immigration Recognizance Papers

Mar 19th, 2015 | Immigration, Personal Experiences, Refugee Community | Comment

(As posted on Refugee Union Facebook )

About a month ago two master students from Australia arrived in Hong Kong. Their mission was to study the life and circumstances of refugees in Hong Kong. “I want to find out how refugees and asylum seekers are treated here,” said one, “Refugees are my thesis for my doctoral study in criminology.”

Their journey started on a sour note after they sent a parcel to the Refugee Union. When it arrived, the Post Office issued a note advising to collect the parcel. The following morning at the Post Office a Refugee Union member produced his Identity Document to claim the parcel, but the clerk refused to accept his Recognizance Paper as a proof of Identity.

She remarked, “This is not a Hong Kong ID. We cannot give you this parcel as we don’t know you. I don’t know who you are and I don’t know what this document it.” It was very frustrating. We presented the Refugee Union membership card, but she was adamant that a Hong Kong ID card was required for collection. She called a senior who confirmed that either a Hong Kong ID card or passport was required, or else they would send the mail back to the sender.

We were unable to claim a parcel at a Hong Kong Government office by producing a document issued by Hong Kong Government after our passport were confiscated! Back at our desk we emailed the sender and explained the predicaments. They thought it bizarre that refugees hold a document that is meant to prove identity, but is not freely accepted in Hong Kong.

The Recognizance Paper with its archaic, imposing A4-size never goes unnoticed. It is meant to embarrass and demean refugees as an undesirable and unwelcome lot discriminated by the denial of legal status, even when Immigration takes a decade to determine claims. The classification of the unwanted starts with their criminalization – overstayer, outlaw and convict!

Shouldn’t the Post Office be briefed on and instructed to accept Recognizance Papers? Today there are over 10,000 such documents in circulation and refugees might need to produce them at one of the 129 post offices, where ignorant officers look aghast at bearers, “What is that? I don’t know what this is?”

The students found this story hard to believe, “In Australia we do not treat refugees like that. They enjoy their rights as human beings and live with dignity as everybody else. It’s a big shame what you go through. It is even doubtful that these arrangements are beneficial to Hong Kong in the long-term.”

Post Office does not accept Immigration Papers

An outsider’s perspective: Discriminatory treatment of refugees in Hong Kong

Mar 17th, 2015 | Housing, Immigration, Personal Experiences | Comment

Written by Christopher McNulty

Before coming to Hong Kong (HK) I tried to research the problems refugees and asylum seekers face in HK but was not able to find much documented on government websites. I was only really able to find media articles that had reported on HK refugees. When I arrived in HK the city is quite beautiful and lively with high rise buildings, restaurants on every corner and excellent public transport.

On my first day I attended the Vision First (VF) office. VF is a not for profit organisation trying to change the government’s ideology on how to deal with refugees locally. VF has well documented multiple cases of refugee housing that is well below humane standards and assists with human rights issues that occur to refugees in HK. An organisation which works with VF is called the Refugee Union (RU). The RU is a unified group of refugees fighting for a better quality of life for all refugees and their families.

On the same day I attended one of the fortnightly RU meetings. Refugees were discussing how they want to be able to work, have a good quality of life, and lastly, ensure their children are given every opportunity to succeed in life. The refugees explained that even after the government deems an individual as a legitimate refugee, they have to hand in their passport, they are not allowed to work, and will receive social welfare provided by the HK government. I did not believe what I was hearing. Asylum seekers escape their host countries due to the threat or fear of persecution and come to countries and regions such as HK to have a better life, only to find that there might not be great living conditions in HK. It is against the law to work in Hong Kong if you are a refugee (Chiu, 2012). Why wouldn’t the HK government want refugees to become permanent residence and contribute to the community instead of continuing the cycle of social welfare payments?

As the weeks went on I heard different stories of the reasons why refugees sought refuge in HK, from risk of persecution, to the risk of death in their country. A common theme seemed to emerged, that refugees saw HK was a great culturally diverse, rich destination that would be able to give refugees a second chance in life and a great place to raise their children while escaping persecution.

I think the most challenging part of my time in HK was visiting the slums where refugees were living in the New Territories. These houses (if they can be called that) are in no way liveable. Some huts are brick interior but then have metal sheeting to extend the living quarters. Other shacks are made entirely of wood and advertising boards. The images below show the primitive kitchen area where the occupants are trying to defrost a chicken and the toilet area nearby with wooden timber panels with no knobs utilised as a door. The lighting within the complex is portable lighting through visible wiring. The family had a baby boy and all I could think was how much this family would be trying to give every opportunity in life to their child and this is the living conditions they have to deal with.

An Outsider’s Perspective Refugee treatment in HK in comparison to Australia (1)

The next house I visited was the shack that had burnt down the week before. Looking at the structure of the housing around the refugee home that burnt down, they were bricked houses which had minimum damage from the flames. Residents lived there. Looking at the burnt pile of possessions, it was clear that the housing was primarily made up of metal sheeting which is weak and had no chance of withstanding the blaze.

It was so sad seeing refugee families’ possessions destroyed in a fire. As refugees don’t receive appliances and clothing through the government, they have to find these items by going through the garbage and from charities. This means this fire would have destroyed all these families’ items which are hard to replace.    

An Outsider’s Perspective Refugee treatment in HK in comparison to Australia (2)

During my last week in HK I attended another meeting of the RU. They had just received notification from the Social Welfare Department (SWD) that they have investigated the matters raised by the RU, and advised the system is working correctly and there is no need to change. After hearing the response from SWD, I honestly believe there is a major gap between what SWD believes is occurring compared to what is really happening. From the houses I saw they are not liveable and no place to raise a family. Again, during the meeting, I heard numerous refugees speak about how they want to work and contribute to HK. These are motivated people who want to work but are not being given the chance. There is a continuous cycle occurring of refugees in HK because as refugees continue to come to HK to escape persecution, they become dependent on social welfare. As refugees have children they become dependent on social welfare, and their children, and so on. If laws are not changed, refugees will always be dependent on the government if not allowed to work.

In Australia once an asylum seeker is deemed a legitimate refugee, they have the right to permanent residency, social welfare, and most importantly the right to work (Department of Human Services, 2014). This means, in Australia once the government has deemed an individual as a legitimate refugee, they are entitled to become Australian citizens, and they are entitled to social welfare, including public housing and schooling. And most importantly, they are entitled to work. In comparison to HK, there are many differences between how both HK and Australia deal with refugees.

In conclusion, my time in HK has been quite an eye opener. The problems with refugees can be seen as well hidden from the HK public, including the international public. In saying that, over the last few years as the media have reported more on the problems faced by asylum seekers, the public have become more aware. Hopefully as more media attention occurs in the future, this will hopefully influence the public to influence the HK government to rethink the way they approach refugee policy in HK.

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?

I came to Hong Kong to save my life not work

Feb 17th, 2015 | Housing, Immigration, Personal Experiences, Welfare | Comment

I am a 30 year old South Asian who escaped the breakdown of law and order in a country where corruption protects the powerful who commit crimes with no fear of arrest or prosecution in court. It is meaningless for HK Immigration to claim, “You failed to report the incident to the police [in your country]”, because protection is guaranteed to the highest bidder, not to victims.

One night in 2010 I was smuggled on a speedboat from China to Hong Kong with ten other people. We were very lucky because the next day a powerful typhoon struck and the dangerous crossing could have been deadly. I was very scared at sea on a flimsy fishing boat in pitch darkness. At one point we were hit by a huge wave and we thought we would die.

The smugglers landed us on the coast and told us to walk into the mountains to find the road. They didn’t come with us and we got lost walking at night. For seven days we roamed the mountains in Sai Kung Country Park. We had no food and drank from the streams we crossed. We were relieved when the police arrested us because we were desperately hungry and afraid we wouldn’t make it.

For five years I have been suffering as a refugee. The rent and food we receive is not enough. I have lived three years in the slums, the only place I can rent a room for 1500$. I used to work to pay for a village room, but I suffered a serious injury in the container port. A wave struck the container barge we were offloading and a cargo chain detached and snapped my right arm.

I have heard about two refugees who died under falling containers. I doubt there were any inquiries into their deaths or safety procedures were reviewed. Bosses give refugees dangerous jobs because they know we cannot complain and they won’t have to pay for damages if we get hurt. I did not come to Hong Kong to die, but to live. I risked my life coming here and also working to survive.

Last week my ISS caseworker (name withheld) told me not to protest. He said that a big officer would visit the slums and I should not join the demonstration for safe housing. I stayed in my hut and waited. The big officer did not come. I think ISS tried to block the protest because they don’t want us to talk about our suffering. ISS tell me to find a legal room for 1500$, but they know it is impossible.

I only get some food and 1500$ rent from ISS. In five years they gave me nothing, then last week they gave me a green blanket. I waited five winters for one blanket! Everything I use I collected from nearby garbage dumps where I go on Saturday nights after residents dump old things. If I didn’t, I wouldn’t have clothes to wear, a bed to sleep on, a fridge to store food and a stove to cook.

I am not an economic migrant. I came to Hong Kong to save my life, not work or be a beggar.

I came to Hong Kong to save my life not work

Will SWD support a sick refugee made homeless?

Feb 17th, 2015 | Housing, Personal Experiences, Welfare | Comment

Poules letter to SWD - 16Feb2015

IMG_7932

I almost died in the slum fire

Feb 6th, 2015 | Housing, Personal Experiences, Welfare | Comment

I was a neighbour of Srilankan refugee Lucky who died in the slum fire on 29 January 2015. I lived in the second hut behind his and barely escaped the burning inferno alive. My name is Dillo and I am a member of the Refugee Union. I fled from India to save my life in 2008. This is my experience of International Social Service (ISS) and the hazards of illegal structure and the evil slum business.

At about 10am on that tragic day, I was asleep in my hut when the fire broke out. People knocked frantically on my door and woke me up. I took a great fright as the back wall of my room was starting to burn. I grabbed my mobile phone and ran outside while my hut and everything I possess burst into flames. It all happened so fast!

A huge fire was already burning inside and over the first two huts and was raging overhead with unbelievable heat and noise. The acrid smoke raced up to the sky turning it black. It was horrible to see the fire burn and crackle the metal sheets like plywood. Moments later my room was engulfed in a fireball and I thanked God the smoke didn’t chocked me before I escaped.

I covered my mouth and ran towards safety by the main road. At that time there was no police or firemen. They arrived about 30 minutes later. By then the fire was so huge that the huts could not be seen any more. Mia from Bangladesh had already come out of the second hut before me. We didn’t know what happened to Lucky who lived in the first one. He wasn’t outside. Anyone inside the flaming inferno wouldn’t be alive!

We lost a wonderful and cheerful friend. We also lost everything we possess: clothes, fridge, TV, a gold ring and bags of clothes my girlfriend stored in my hut. That night I slept in a friend’s room. The next day ISS put me in a guesthouse in Kam Tin, but for over two years my caseworker had settled me in a deadly tin-sheet hut.

On 22 September 2012 I moved into my hut and ISS paid the landlord continuously until January 2015. At the start the rent was 1500$. ISS paid 1200$ and I was compelled to work illegally to pay the surplus and utilities. Sometime in 2014 the rent increased to 1600$ and ISS paid the landlord 1500$ while I paid 100$. My girlfriend kept the tenancy agreements as I was afraid my hut was not safe. That is evidence of a trusting relationship between ISS and this slum lord.

My ISS caseworker (name withheld) confirmed the hut as my home in September 2012. He never inspected it. He never came to visit me. From September 2012 until the morning of the deadly fire, none of my ISS caseworkers ever visited my hut. When I asked the landlord for a copy of his ID card and bankbook, as routinely required by ISS, he said it wasn’t necessary because ISS knew him well.

From the day I moved into this slum I have been wondering: How does ISS believe where I am living? How do they approve places that they don’t inspect? Why do they trust the landlord to give us safe rooms to live? Some rooms have 3-4 refugees living inside, how can ISS understand this overcrowding without inspecting, without asking questions?

I never complained about the awful living conditions because I understood it was pointless. ISS don’t care and because they have relationship with the landlord they only trust him. They speak Chinese so when we have meeting together we don’t know what they agree. ISS approves everything for us.

Before we didn’t realize how dangerous living in huts was. We knew they were not safe, but we were afraid of rain and typhoon, not fires, because flooding is bad and there is electricity. I didn’t fear that I could burn in my sleep. Nobody thought the fire would be so violent. We understand that all is illegal inside, metal and wood sheets taken from landfills. But what choice do we have?

I am very proud of the Refugee Union as we spread the news so fast that our members arrived before the police. There had been fires in slums before, but the news never got outside. Two refugees died in two separate fires, but everyone kept it quiet. The victims were ISS clients. Some refugees still have photos of those fires and knew the deceased.

I almost died in the slum fire

I gave birth to a son from another man

Feb 3rd, 2015 | Crime, Immigration, Personal Experiences | Comment

Good evening Vision First. I got my new Immigration paper and I have to report with my son every two weeks at CIC detention. My officer said he will proceed the papers for the Education Bureau for my son’s school. Thank you so much for giving us strength to insist on our rights and to have hope to fight every day. We owe you a lot.

I am one of hundreds of failed domestic workers who cannot return to their country because they have big problems. We are refugees because we must stay in Hong Kong to save our lives. I come from a village in the Philippines where I was married and had a child. When I had problems with my husband I came to work in Hong Kong.

My husband will never forgive that I separated from him and I give birth to a child from another man. Nobody can change his mind to take revenge on me. His mother is very close friend to council district and municipal authority members. He and his brother are working for the municipal government. His position is TASK FORCE and they have big connection with our mayor.

They are doing violence to their enemies because they have power. They always deny they are doing this, but they do it again and again. In the Philippines it’s big danger to be a witness and hard to ask the police to help if nothing bad happens first. Also it is hard to hide in another place, because every village report new people and it is hard to hide from my husband’s friends.

He will know that I am somewhere. I must protect my son all the time because he wants to kill us both. My country is not safe and not easy to ask to anyone for help. I am scared to face him and I am more scared what will happen to me and my son’s life.

Since I married him I feel not happy for his being strict and jealous. But I try to work it out with my family. When I gave birth to my first child, I was wishing he will change, but no, he get worse. One night he took a knife and kept stabbing my pillow and searching my house. And then he bought a gun. When he knew I am seeking help from my family, he tell them he never respect them and kept making trouble with them.

One day he tried to rebuke my niece until they hit each other and he got hurt. He bring that problem to the court and until now that problem is not closed, because we don’t have lawyer so we just using the court lawyer. That moment I decided to separate from him slowly. But I was scared because in everyday of my life in the Philippines he kept on following and trapping me everywhere. Every time I kept screaming, even in my work place where he disturb my boss.

But one night that I will never forget he stopped me in the street corner. He was there waiting for me and he pull me … I try to be brave, but when I see his gun pointed at me … I got hurt. I knew that he can kill me anytime. I complained many times to the police and the council but they could not do anything.

That was three years ago when I decided to work abroad to escape from him. But he took my child from my parents and threatened me, so I have no choice but to send him some money. He took opportunity again to disturb me and he took all the details of where I am working and even make me frightened in Hong Kong. He took my son and never let me see him again.

In Hong Kong I got three employers but felt no good with any employer, it’s because I still feel fear and anger. When I got boyfriend and had my second son, it seemed to change my feelings. I told my family what happened and suddenly my husband went to their house and kept shouting that he know all about me even my son. He is still angry and still not stop to search for me and my son. He told my parents he has a photo of my son and he will kill us both. He still wants to take revenge so I am scared. 

I gave birth to a son from another man 2

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