Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Monday, Feb 06, 2023

Six street sleepers lose review against symbolic HK$100 compensation

Six street sleepers lose review against symbolic HK$100 compensation

Six street sleepers – compensated HK$100 symbolically after anti-riot cops threw away their belongings in 2019 – lost their judicial review on Wednesday as the judge ruled that they couldn't ask for a larger amount by simply handing in a receipt of HK$476.
The Small Claims Tribunal in March ordered the Leisure and Cultural Services Department to compensate a total of nine street sleepers HK$100 each after the department's staffers and cops cleared their possessions off a Sham Shui Po park without prior notice in an anti-crime operation on December 21, 2019.

Six of them later filed a review in search of a larger amount as they first asked for compensation ranging between HK$2,000 and HK$13,390. The six street sleepers are Hung Tat-fu, Lau Ka-hei, Chow Hung-kwong, Ng Tsui-yau, Yuen Siu-pik, and Chan Chi-wing. They listed the Secretary for Justice as the respondent.

Yet, adjudicator Arthur Lam Hei-wei on Wednesday rejected their application for a judicial review and upheld his original ruling.

Lam wrote in his judgment that the six had the responsibility to prove they suffered property losses by providing evidence – a rule that applies to claimants in all civil cases.

Although the six handed in a receipt of HK$476 for a foldable mattress, a pillow, and a blanket, hoping to point out the symbolic compensation of HK$100 ordered by the tribunal was too little; Lam said the six couldn't just ask to court to raise the compensation amount by submitting a single piece of receipt.

Lam further explained that the six failed to address the connection between that receipt and their lost belongings. He added the receipt was issued after he ordered the HK$100 compensation, and the items listed on the receipt can't possibly be the six's bedding products.

Lam also said the six admitted the amount spelled on the receipt was not their actual property losses.

He continued he didn't order the HK$100 compensation because he believed the street sleepers' belongings were worth only HK$100, but because there was no reliable evidence to prove the sleepers' actual losses.

Therefore, Lam said he made no mistake when ordering the HK$100 compensation and upheld his ruling.

As for the reasoning that the tribunal didn't look into the mental distress of the six when ordering the compensation, Lam said the inquiry duty was not absolute for him. He also said the six had never said they were mentally disturbed, and there was no medical proof.
Newsletter

Related Articles

Hong Kong News
Close
0:00
0:00
Charlie Munger, calls for a ban on cryptocurrencies in the US, following China's lead
Hong Kong airlines taking bold action after the years of pandemic lockdown and travel restrictions, to make Hong Kong great again
EU found a way to use frozen Russian funds
First generation unopened iPhone set to fetch more than $50,000 at auction.
WARNING GRAPHIC CONTENT - US Memphis Police murdering innocent Tyre Nichols
Almost 30% of professionals say they've tried ChatGPT at work
Interpol seeks woman who ran elaborate exam cheating scam in Singapore
Chinese search giant Baidu to launch ChatGPT like AI chatbot.
What is ChatGPT?
Bill Gates is ‘very optimistic’ about the future: ‘Better to be born 20 years from now...than any time in the past’
China is opening up for foreign investors.
Tesla reported record profits and record revenues for 2022
Prince Andrew and Virginia Giuffre Photo Is Fake: Ghislaine Maxwell
Moonwalker Buzz Aldrin Gets Married On His 93rd Birthday
Federal Reserve Probes Goldman’s Consumer Business
China's first population drop in six decades
Microsoft is finalising plans to become the latest technology giant to reduce its workforce during a global economic slowdown
China's foreign ministry branch in Hong Kong urges British gov't to stop the biased and double standards Hong Kong report
China relaxes 'red lines' on property sector borrowing in policy pivot
Tesla slashes prices globally by as much as 20 percent
Japan prosecutors indict man for ex-PM Shinzo Abe murder
Vietnam removes two deputy PMs amid anti-corruption campaign
1.4 Million Copies Of Prince Harry's Memoir 'Spare' Sold On 1st Day In UK
After Failing To Pay Office Rent, Twitter May Sell User Names
FIFA president questioned by prosecutors
Britain's Sunak breaks silence and admits using private healthcare
Hype and backlash as Harry's memoir goes on sale. Unnamed royal source says prince 'kidnapped by cult of psychotherapy and Meghan'
China’s recovery could add 1% to Australia’s GDP: JPMorgan 
Saudi Arabia set to overtake India as fastest-growing major economy this year 
China vows to strengthen financial support for enterprises: official
International medical experts speak out against COVID-19 restrictions on China
2 Billion People To Travel In China's "Great Migration" Over Next 40 Days
Google and Facebook’s dominance in digital ads challenged by rapid ascent of Amazon and TikTok
Flight constraints expected to weigh on China travel rebound
Billionaire Jack Ma relinquishes control of Ant Group
FTX fraud investigators are digging deeper into Sam Bankman-Fried's inner circle – and reportedly have ex-engineer Nishad Singh in their sights
Teslas now over 40% cheaper in China than US
TikTok CEO Plans to Meet European Union Regulators
UK chaos: Hong Kong emigrants duped by false prospectus
China seeks course correction in US ties but will fight ‘all forms of hegemony’, top diplomat Wang Yi says
China will boost spending in 2023
African traders welcome end of China’s Covid travel curbs
France has banned the online sale of paracetamol until February, citing ongoing supply issues
Japan reportedly to give families 1 million yen per child to move out of Tokyo
Will Canada ever become a real democracy?
Hong Kong property brokerages slash payrolls in choppy market
U.S. Moves to Seize Robinhood Shares, Silvergate Accounts Tied to FTX
Effect of EU sanctions on Moscow is ‘less than zero’ – Belgian MEP
Coinbase to Pay $100 Million in Settlement With New York Regulator
Preparations begin for Spring Festival travel rush
×