首先,民運會衷心感謝過去三年來向「人道援助基金」捐助的每一位善長,你們對本會董事成員和核心義工所給予無條件的支持和信任,確實是推動我們堅持這艱鉅任務的最大動力。
First and foremost, many thanks to those who have contributed to the Humanitarian Fund during the last 3 years. Your unconditional support and trust to TADC board members and core volunteers has been the biggest driving force and strongest encouragement to keep us going.
三年簡報
首先,民運會衷心感謝過去三年來向「人道援助基金」捐助的每一位善長。基金成立以來,抱歉未能適時公布帳目及工作進度。本會除了需時落實每個救援個案外,主要是為了保護受助人的隱私,免其身份曝光,亦要保持低調,以免影響運作。
感謝各界的慷慨支持,向基金捐出善款讓本會進行人道救援工作,尤其作出多次及大額捐助的幾位熱心人士。你們對本會董事成員和核心義工所給予無條件的支持和信任,確實是推動我們堅持這艱鉅任務的最大動力。
除金錢的捐助外,亦要多謝提供住宿和物資捐助的善長。當中不乏有心人開放自己的居所讓手足臨時棲息,或以低價提供出租單位。物資方面,我們收到許多熱心人士人提供的實物支援,從傢俬、小家電、廚具到禦寒大衣及雪靴等,一應俱備。這對匆匆逃離香港、甚或流離於海外數月後已身無長物的人來說,每一項無論多微小、多瑣碎的暖心捐助都極為重要,意義遠超其銀碼的價值。缺乏任何一位善心人的支持,本會將無法達至以下成果。
使用善款及提供恊助
這三年內,「人道援助基金」已協助41人在加拿大安定下來。這些前線手足來自各個界別,包括: 學生、工人、文員、教師、律師、醫護、神職人員、區議員、議員助理、以至政黨青年領袖。他們都是一羣因熱愛香港、守護香港核心價值而受到港共政權無理迫害的香港市民。 他們當中有小部份與伴侣一起抵達,亦有兩個帶著學齡兒童的家庭。
在接到援助要求時,本會先了解受助者的背景,確定其為「真手足」後,商討入境加拿大時可能面對的處境作出相應安排。在求助人抵達加拿大並作出要求後,本會每三個月評估個人財務狀況,因應需要發放財政支援。基金按情况可提供每月最高C$500的租金補貼及每天最高C$20的生活費補貼。以多倫多的物價指數,即使用這個「最高」數額去維持最低生活水平都非常吃力。幸好我們所幫助的手足都能在吃苦中調整心態,並努力找工作改善生活。
另外我們亦因應特別需要提供酌情金額用於緊急支援,例如額外的醫療費用、設備、交通、生活急需等。
對於尋求政治庇護的難民申請人,我們會推薦相熟可靠的律師來完成他們的難民申請程序。如果申請人符合條件,我們也協助他們申請法律援助及社會福利。民運會核心義工經常陪同他們辦理生活瑣事如開銀行户口、考車牌等。更多的時間是在於難民申請過程。例如陪同申請人與律師會面、有需要時担當傳譯、律師接手後仍需輔助整理相關文件、翻譯報章對當事人的相關報導,以確保申請有充足的證據交予難民局審批。
在處理各種不同個案和難題中,民運會特別希望與支持者分享以下這個成果。其中有一個案,難民審查委員會法官認為持有 BN(O) 護照者既然可以獲得英國的收留,便質疑申請者是否合符在加拿大申請政治庇護的資格。與律師團隊磋商後,本會決定動用基金聘請一位學術與專業地位均享盛名的法律學者,撰寫論述解釋相關法律條文。法官接受法律專家的意見,並最終成功批出難民申請。難民局是聯邦機構,這個判例適用於全國所有省份,令多位在安省以外的其他團體也以此幫助多位面臨相同情況的難民申請人。
民運會亦協助那些逃離香港但選擇不申請政治庇護的人士,他們留在香港會面對同樣風險,不申請政治庇護是基於律師建議或個人合理的考量和苦衷。當他們在加拿大移民部的申請過程中陷入困境,本會運用人際網絡資源為他們的申請提供協助,其中一些在等待期間面對暫時性的財務緊絀,本會亦於評估需要後同樣向他們給予財政舒援。
總結
三年過去,透過「人道援助基金」得到支援的人士,我們非常感恩看到他們在加拿大安定下來,重啟新生活。所有難民申請個案,喜訊都在提交後18個月內獲得,有個別申請更在12個月內完成,絕大多數成功個案僅需通過文件審查,無需面見法官。 截至2024年2月撰寫本報告時,所有個案均已成功完成審批,沒有一宗被拒。對於非政治庇護的申請個案,本會都能夠協助所有申請者獲得他們所申請的簽證。所有個案的成功實應歸功於法律團隊,團隊成員均由經驗豐富且享有盛譽的移民或人權律師帶領,本會及所有手足感謝團隊律師在繁忙的工作中抽空為各人作出專業協助,詳細分析每宗個案重點為申請人辨理手續。
以下自 2020 年 12 月宣布基金成立以的總結:
截至 2024年 1月 31日 | |
捐款收益 | C$200,510 |
資助及開支 | C$195,185 |
可動用結餘 | C$5,325 |
受助人士共計 | 41 |
以上捐助金額並不包括實物捐贈如傢俬、和免費或扣減的住宿提供。若以市價計算,捐助總額將會更高。 |
基金捐款主要來自加拿大,亦有部份來自美國、英國和其他地方。有部份捐款人列明款項資助予指定受助人士。
捐款也包括 C$21,401 來自 Ricker 為基金募集善款的公開拍賣及私人銷售畫作、發售的2022年月曆和其他物品。民運會支持者亦有捐贈或提供籌款義賣物品,透過網店《香港多得你》出售後,籌得 C$9,184 同樣捐往基金。
民運會特別嗚謝發展商 O’Shanter Development 提供免費及折扣的出租大廈單位數個供手足棲身,這些捐助的市場價格當以萬元計,並無加入報告列出的金額當中。O’Shanter Development 一向熱心公益,為迫切需要的難民提供居所已經持續多年,是不折不扣的良心企業。
捐助款項
香港的政治形勢每況愈下,仍然兇險。民運會「人道援助基金」的工作尚未完結,會繼續為那些於香港面對政治困境並已抵達加拿大尋求庇護的人士提供支援。
民運會所有人員均為無償付出時間精力的義工,你們向基金的慷慨捐助,會全數100%用於援助尋求安居加拿大並有迫切需要的香港手足。
若你有意願將款項捐助予已經抵達加拿大並需要經濟援助的某位指定手足,本會亦可以盡力接觸該指定人士,跟隨意願以基金名義向指定人士轉交你的匿名捐款。
捐款詳情請參閱民運會基金網頁。
失明律師陸耀輝的故事
正值 2019 年香港反送中示威運動最熾熱的期間,你應該不時在片段見到警察和抗爭者對峙的中間出現一位盲人。香港第一位也是唯一一位失明律師陸耀輝 Joy Luk 正在緩和緊張冲突,並為手足在被捕時向他們提供法律建議。儘管警方沒有對她提出任何起訴,她卻多次因協助抗爭者受到警察騷擾和侮辱。警方的無理行為在抗議現場及其他地方繼續纏繞至運動後期,滋擾着她的正常生活,令她感覺到人身安全受到威脅。
在中間人轉告她有打算前往多倫多尋求政治庇護後,民運會毫不猶豫地接受了這個使命。陸律師勇氣可加,除了當日為被捕人士提供法律支援外,她克服自身殘疾成為律師的奮鬥經歷,努力倡導香港殘疾人士平等機會,無疑非常符合加拿大的價值觀。
本會得到 O’Shanter Development 於一處理想地點免費提供居住單位,有人捐贈傢俬及生活用品使單位成為一個家,更且有人奉獻寶貴時間輪流當值照顧她剛到埗的生活起居。2021年1月《多倫多星報》及《星島日報》在她抵達多倫多兩個月後為她作出深入報導,社會各界的支持隨即從加拿大、美國和世界各地湧入。許多人向人道基金捐款用以支持我們去幫助更多陸續到達的手足,有些人將捐款指明用於支持陸小姐的生活費、醫藥開支及從香港運送個人物品和醫療設備的運費。本會將她推薦給多倫多都會大學(前稱懷雅遜大學)殘疾研究學院,得到學院邀請她為客座講師,又推薦給約克大學女權運動研究中心,讓中心任命她為「常駐倡議家」。在她於醫院留醫的一段頗長期間內,本會也與其他關注團體合力為她安排個人支援。病癒出院後,她一直埋頭苦讀,準備考取加拿大律師執業資格。
陸小姐說:「對於2019年開始香港政府的冷血處事方式,一直都令我感到心寒。從前我在母親的庇蔭下,40多年來都活在她溫暖懷抱中,從沒有想過要遠離媽媽和所愛家鄉──香港。經詳細考慮後,決定隻身走到多倫多,溫暖和寒冷的對比,真的令我難受。幸好,在民運會的協助下,抵達後即時得到醫療團隊的照顧以及有一個溫暖的暫住居所。老實說,我和他們素未謀面,他們卻用溫暖溶化我當時冰冷的心境及思緒,使我恐懼的冰塊慢慢融化,我終於能夠戰勝這個孤單、冰冷、和與母親分離的痛苦時刻。因自己身體的多種毛病,令人道援助基金負擔沉重,在秉持審慎撥款的原則下,他們仍然毫不介意為我安排醫療照顧服務。我這一天能夠得以活着、得以暢所欲言,都承載着你們給我的希望。」
她又說:「人道援助基金讓我得到一刻的安歇,有賴你們三年來對這個基金的不斷捐助。理解到現正仍然有不少朋友在香港面對或多或少危險,而我們在外面的只能夠繼續為他們發聲和支持。懇請大家繼續透過這個人道援助基金幫助香港手足,以及在海外的兄弟姊妹。我們亦要一起朝着自己心裏的目標跑,跑得一天就有一天的希望,為在鐵窗下冰冷生活的戰友添加一點希望。黎明前的黑暗會過去的,春回大地前的冰冷也會過去的,香港也會春回大地復建光明。」
3-Year Summary
First and foremost, many thanks to those who have contributed to the Humanitarian Fund during the last 3 years. Regrettably, timely reports on financial and operating details have not been released, due to TADC board members fully occupied with the cases, respecting personal privacy and maintaining a low profile under the radar.
TADC is grateful to all who have made financial donations to the Fund, particularly those who have made multiple donations and in significant amounts. Your unconditional support and trust to our board members and core volunteers has been the biggest driving force and strongest encouragement to keep us going.
In addition to financial supports, our thanks also go to those who have contributed physical items and accommodations. Some have opened their homes for short-term accommodation or offered their rental units at reduced rates. Many others have sent in physical supplies, such as furniture, small appliances, kitchenware, to winter clothing and boots. To a person who has fled Hong Kong and arrived in Toronto without any belongings, some of whom even after being exiled for months overseas, every piece of warm offering, no matter how small and trivial, is essential and worth more than its dollar value. TADC would not be able to accomplish the below without the generosity from any one of the good Samaritans.
Distribution of the Fund
In the past 3 years, the Humanitarian Fund has assisted 41 individuals for their settlement in Canada. These frontline activists range from students, blue collars, office clerks, educators, lawyers, health care workers, clergy persons, district councilors, councilor assistants and young political party leaders. They all are Hong Kongers who have devoted their love to Hong Kong and their effort to defend the core values of Hong Kong but in return suffered political oppression from the communist regime of the Hong Kong government. There are a small number among them arrived with partners and two families with school-age children.
Upon receiving a case request, TADC assessed the person in details to verify if he or she is a genuine activist. TADC made corresponding arrangements based on potential scenarios the person would face when entering Canada. After arrival and upon request, we evaluated personal financial situation every three months to distribute assistance on an as-needed basis. Subsidies up to C$500 per month for rent and up to C$20 per day for living expenses would be granted according to one’s need. The subsidy even at its maximum was a shoe-string amount for a person living in Toronto at bare-minimum. Gladly, all of them were able to brave the challenge with a positive mind and worked hard to improve their living conditions.
There were also certain situations for the Fund to provide discretionary amounts on urgent relief, such as medical, transportation, tools, etc.
For political asylum seekers, we referred credible lawyers to follow through their refugee application processes. We also assisted them to apply for legal aid and social welfare if they met the application criteria. TADC core volunteers have accompanied them for many day-to-day tasks, such as setting up bank account and writing driver exam. Volunteers have spent quite some time with them for lawyers’ appointments, acting as interpreters as necessary, giving a hand in preparing submission documents and providing English translations of news articles on the activist as evidence submitted with their applications.
We would like to share one of many challenging cases we have encountered. An Immigration and Refugee Board review judge raised a question of eligibility to seek asylum, arguing that a person with BN(O) passport had admissibility to reside in the UK. After consulting with the legal team, TADC decided to use the fund to engage a legal scholar with a prestigious academic and professional status to write a technical interpretation explaining the relevant legislation. This interpretation was accepted by the judge and the case was eventually approved. IRB is a federal organization and the case has set a precedent across the country. The paper has been distributed to a few organizations to support refugee claimants in various cities who faced similar situation.
TADC have assisted some other who fled Hong Kong but otherwise chose not to seek political asylum. They would have faced the same risks were they to remain in Hong Kong. Some not making refugee claims were according to lawyer recommendations while others were due to their personal considerations and difficulties. When they were stranded in their application processes with the Canadian immigration department, TADC mobilized resources within our network to facilitate their applications. For those in temporary financial distress while waiting for approval, the Fund provided financial relief after evaluating their situations.
At the end of the 3rd year of operation, we are grateful to see those who have received assistance through the Humanitarian Fund to have settled in Canada for their new lives. For all refugee applications, good news arrived no more than 18 months from submissions, with some in less than 12 months. The majority of these cases were approved by file reviews without facing judges in hearings. As of this report prepared in February 2024, all cases have been successful approved without any reject. For non-asylum applications, TADC were able to assist them to obtain the visas they applied for. The great success for all these cases should be attributed to the excellent services provided by the legal teams. All the team members were led by experienced and renowned lawyers in immigration and human rights practices. TADC and all activists would like to express our sincere thanks to all the lawyers who took time out of their busy schedules to provide professional assistance, analyzing every case in detail to support the application process with key information.
Summary
This is a brief summary since the announcement of the Fund in December 2020:
As of January 31, 2024 | |
Donations collected | C$200,510 |
Assistance and Expenses | C$195,185 |
Available balance | C$5,325 |
Number of persons assisted | 41 |
The above reported dollar amounts do not include donations-in-kind such as furniture and free-of-charge or discounted accommodation. The total amount would have been higher should market values of such items be included. |
Donations were mostly from Canada, with some from US, UK and elsewhere. Some donors have designated their donations to support specific activists.
Donations include C$21,401 raised from Ricker’s paintings for public auctions and private sales, his sales of 2022 calendars and other items. Amounts total to C$9,184 come from goods donated or offered for sales from TADC supporters which are sold through the web store CanHKer.ca.
TADC would like to express our special thanks to O’Shanter Development who has provided a few free-of-charge and discounted rental apartment units for activists. Market values of these offers should be in tens of thousands of dollars, which are not included in the report above. O’Shanter Development has been a kind-hearted and ethical corporate citizen, offering rent-free apartment units to needy refugees every year in the past many years.
Making Donation
As the political climate in Hong Kong is still chilling and sadly worsening, the work by the Humanitarian Fund does not stop here. TADC continues to offer assistance to those who are facing imminent political hardship in Hong Kong and have arrived in Canada to seek asylum. All our volunteers are dedicating their time and energy without compensation. Your generous donation to the Fund will be 100% in full for assisting Hong Kong activists who are in critical need settling in Canada.
If you wish to designate your donation to specific activists who have arrived in Canada and are in need of financial assistance, TADC will attempt to contact the designated persons as you wish. Your donated amount will be delivered to the designated persons anonymously in the name of the Humanitarian Fund.
For details to make donation, please visit TADC Humanitarian Fund web page.
The Story of the Blind Lawyer Joy Luk
You should have seen footages of a blind person appearing in middle of stand-offs between police and protesters, during the height of Hong Kong pro-democracy demonstrations in 2019. Joy Luk, the first and only blind lawyer in Hong Kong, was helping to de-escalate heated situations and providing legal advises to protesters in cases of arrests. Although police has not laid any charge on her, she has been harassed and insulted by police officers in many occasions for acting as a mediator. The absurd action by the police has lingered to the tail-end of the movement on the scene of demonstrations and anywhere else, affecting her normal life to a point that she felt threatened on her personal safety.
Upon referral from a 3rd party of her intention to seek political asylum in Toronto, TADC accepted the request without hesitation. In addition to her bravery providing legal support to activists, her fight to overcome her own disability to be a lawyer and her advocacy on equal opportunity for all physically challenged in Hong Kong, Joy is no doubt a good fit to the Canadian value.
TADC welcomed a free-of-charge rental unit at an ideal location offered by the O’Shanter Development and furniture and household items donated by others to make the apartment unit a home. Many have offered their precious time to take turn caring for Joy during the initial period of arrival. With The Star and the Singtao Daily provided in-depth coverage two months after her arrival in Jan 2021, an outpour of support arrived from Canada, US and around the world. Many have donated to the Humanitarian Fund to support our work assisting more arriving activists. Some have designated their donations towards Joy’s living expenses, medical supplies and shipping of her belongings and equipment from Hong Kong. TADC referred her to the School of Disability Studies of the Toronto Metropolitan University (formerly Ryerson University) which has invited her as guest lecturer, and to the Centre for Feminist Research of the York University which has appointed her as an “Activist in Residence”. TADC also collaborated with other concerned groups to provide personal support during her extended stay in hospital. Since her recovery from hospital, she has been studying hard to prepare for examinations to become a lawyer in Canada.
Joy said, “The Hong Kong government’s handling things in such a cold-blooded way since 2019 made me feel chilled to the heart. I have lived under the care of my mother for over 40 years, never thought of leaving her and my beloved hometown – Hong Kong. After careful consideration, I decided to go to Toronto by myself. The contrast between warmth and cold really was difficult to get used to. Fortunately, TADC has arranged a warm temporary residence and a team of volunteers to provide immediate medical care upon my arrival. Honestly, I was just a stranger to them. Their warm welcome has raised up my mood and brightened my thoughts, slowly allowing me to overcome this lonely, cold, and painful moment of separation from my mother. My multiple health issues has put a heavy burden on the Humanitarian Fund. Even with the prudent principle in allocation of funds, my medical care has been well taken care of. The fact that I can live and speak freely today is through the best wishes from all of you.”
She also said, “my settlement here is a gift from the Humanitarian Fund and your donations to the Fund in the last three years. I understand that there are still many friends in Hong Kong who are facing danger of various degrees. All we can do from outside is to continue to speak out for them and give them support. I plead for your continuous help through the Humanitarian Fund to our brothers and sisters in Hong Kong as well as those who have fled overseas. Also, we all should keep running towards where our hearts lead us. Every day we move forward will give a new day of hope not only to us but also to the comrades who are living a cold life behind bars. The darkness before dawn will eventually give way; the cold before spring will one day cease. Hong Kong will once again return to a warm and bright place.”