Homeless make claim for compensation

By Luis Liu in Hong Kong (HK Edition) Updated : 2016-01-12

A group of homeless people have gone to court accusing the government of taking their belongings without giving them adequate notice.

Local concern group Society for Community Organization (SoCO), representing some of the plaintiffs, requested the government compensate them for their loss and apologize for the disturbance they have caused.

This is the second time a similar case has been filed in the city's courts. In 2012, the government reached an out-of-court settlement with 19 homeless people by paying HK$2,000 compensation for each of the plaintiffs after it conducted a clean-up operation in a place where homeless people lived in Kowloon West, but did not offer them an apology.

SoCO further urged the government to increase the temporary housing supply to address the city's homeless problem.

According to legal documents filed with the Small Claims Tribunal, the city's Home Affairs Department, the Food and Environmental Hygiene Department and the police force carried out a joint action last July. This was to clear the Ching Ping Street subway at Yau Ma Tei, where many homeless were residing.

More than 20 people were affected. They have asked for compensation ranging from HK$4,000 to HK$21,000. Personal belongings such as bedding articles, shoes, radio sets, watches and bicycles were lost in the raid, SoCO claimed.

Deposit cards, passports and construction work certificates were also dumped during the action. Limbu Rajesh, a Nepalese construction worker, lost his ID card and certificate card. This made it hard to apply for new jobs and had been very demoralizing, Rajesh said.

Under the Public Health and Municipal Services Ordinance, to remove litter or waste and clean an area, the authority must serve notice to the owner - the person who deposited the litter or waste or the occupier of the place where the litter or waste is found.

A removal operation should be carried out at least 24 hours after the service of the notice, the ordinance states.

SoCO Community Organizer Ng Wai-tung said private property needed to be protected and the government should not try to drive the homeless out again as there was no law in Hong Kong making it illegal to sleep on the street.

Representatives from the Department of Justice said it was still coordinating with relevant departments. It will give a clearer picture at the next hearing scheduled for March 2.

luisliu@chinadailyhk.com