Harassment victims can now apply for court injunction, leading lawyer says

By Vir B. Lumicao 

Harris' article gives hope to migrant workers who suffer harassment by various people

Migrant domestic workers who are helplessly suffering from harassment by other people may now be able to apply for an injunction from Hong Kong courts as long as they can support their application with credible evidence.

This is according to a veteran barrister who has shed light on this legal remedy in his article, “Anti-harassment injunctions,” in the January 2021 issue of the journal “Hong Kong Lawyer.” 

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Paul Harris, SC, said applicants could include those targeted by various forms of harassment such as cyber bullying, stalking, “doxing” (or exposing somebody’s personal details) and intimidation on social media. 

“Harassment by a debt collector, a landlord, a former business associate, or indeed a present or former spouse, is tackled legally by application for an interlocutory injunction restraining the defendant from the conduct described in the injunction order,” wrote Harris.

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Harris, who currently chairs the Hong Kong Bar Association, is a public law and human rights specialist who has considerable experience in civil litigation in Hong Kong and in London.

The discussion of this legal remedy comes at an opportune time for the estimated 370,000 foreign domestic helpers in the city, many of whom are subjected to harassment by various people, including debt collectors, long-time enemies and former lovers seeking revenge.

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One such victim is a Filipina helper who sought help from the police recently after she was allegedly harassed, shamed, blackmailed and bullied on cyberspace and in person by her former boyfriend, an Indian torture claimant.

Harris said harassment victims can apply for an injunction supported by an affidavit giving detailed evidence of the alleged acts. It should be accompanied by a draft of the order that the victim is seeking  from the court.

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He suggested an urgent hearing be requested as failure to do this may lead the court to conclude the problem is not as serious as alleged and could refuse the relief sought. But the chances of securing a favorable judgment are now better than before.

“There used to be legal difficulties in relation to securing an interlocutory injunction specifically against harassment but these have been greatly reduced by case-law developments in recent years,” Harris said.

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He said the applicant must have a cause of action against the person who is the target of the injunction. 

There is no legal difficulty if the harassment involves assault or trespass, but it could be a problem if there was no such incident, and the act complained of was done by a person with whom the victim had no contractual relationship.

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He said the harassment could be in the form of nuisance phone calls, threats, embarrassing a person at their place of work to put pressure on him, falsely ordering goods or services in a person’s name, stalking and abuse of personal information, such as “doxing.”

Nuisance calls can give rise to a court injunction against the party behind them 

Some of these forms of harassment breach personal privacy, which is protected under article 14 of the Bill of Rights, said Harris. Thus, it would be possible for a victim to bring a judicial review against the government's failure to adequately protect her or his rights.

Harris said while England’s Protection from Harassment Act 1997 “introduced both a crime of harassment and a statutory tort of harassment with provision for the grant of injunctions to prevent it,” Hong Kong does not have any equivalent legislation.

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Nevertheless, Hong Kong courts have developed a common law tort of harassment to meet the gap in law that would otherwise exist.

“It can therefore now safely be said that the tort of harassment exists at least to the extent that it is available to as a basis for the grant of an interlocutory injunction. There is therefore now a remedy for all forms of harassment,” Harris said.

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But he said the court will only grant an injunction if the application is supported by credible evidence. Thus, where the harassment consists of a large number of repetitious acts, the victim should keep a diary of these events as proof and attach this as an exhibit to the affidavit. 

For harassment in the form of nuisance phone calls, the victim’s phone billing records should be obtained and produced. If it was a criminal damage, criminal intimidation or assault, a police report should be made, and the record of the police report shown.

Those who might need help in taking legal action could get in touch with the Hong Kong Law Society through its website: https://www.hklawsoc.org.hk/pub_e/popup/20130515/20150602.pdf or call its hotlline: 8200 8002.    

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60 new Covid-19 cases recorded, 47 of them linked to gym

By Daisy CL Mandap

The number of cases at Ursus Fitness has now grown to 64

Health authorities have ordered everyone working in gyms to get tested for coronavirus by Sunday, as the number of infections from a Sai Ying Pun fitness center grew to 64  within just three days.

Dr Chuang Shuk-kwan from the Centre for Health Protection said at today’s press briefing that the number of cases from Ursus Fitness on Pokfulam Road could rise further, as some of about 20 preliminary positive cases are also linked to the gym.

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Chuang said that of the 60 new Covid-19 cases recorded as of today, Mar 12,  54 were locally acquired and six were imported. Of the 54 local cases, 47 cases were linked to Ursus, comprising 40 customers and 7 close contacts.

Including the 17 cases recorded on Wednesday and Thursday, there are now a total of 64 infections detected from this cluster. They include 7 staff, 50 customers and 7 close contacts.

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Chuang said the new infections were detected from among 240 close contacts from the gym who were sent to quarantine centers earlier. As of today, the number of those in quarantine centers has grown to 360, with 450 others ordered to undergo testing.

Earlier, health authorities also mandated that everyone who goes to a gym should wear a mask at all times, except when taking a shower, or eating and drinking.

The mandatory testing order was issued following the discovery that most of those infected had gone to various fitness clubs across Hong Kong island.

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Among those Chuang mentioned were Pure Fitness (with branches in Central and Wanchai), Ultimate Fitness, H Core (Central and Taikoo), Optimum Performance, H.I.T, House of Fitness, Athletic Club and Pure Yoga.

“We have a lot of cases where people go to work, so we want details (of possible infections) as soon as possible,” she said, adding that among those infected were bankers and lawyers, aside from teachers.

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She also mentioned that among the preliminary positive cases is a 34-year-old female fitness trainer who works in One PT on Pottinger Street in Central who last went to work on Mar 10.

But she said the CHP has yet to find out if the case is related to Ursus.

On being asked if the gym outbreak could indicate the start of the fifth wave of infections, Chuang said she did not want to see it as such. However, since a lot of people are involved, there is indication the virus had been spreading for a long time.

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She said investigations have indicated that the virus spread from person to person because many of the customers did not wear masks while doing intense workouts, plus they went to the gym repeatedly during the incubation period.

The first patient to report the earliest onset was said to be a gym customer, who had symptoms on Mar 6. Most of the other confirmed patients reported having symptoms by Mar 10 or 11.

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But Chuang said this did not mean that the customer was the index patient because there could have been a silent transmission going on, meaning an asymptomatic person could have started the spread of the virus.

Among the seven other confirmed local cases were a 12-year-old female student, a security guard, a staff at Enterprise Square Tower in Kowloon Bay, and  an attendant at an exhibition centre in Tseung Kwan O.

CHP says it's not clear if the preliminary case from One PT is linked to Ursus 

Apart from the fitness trainer at One PT, the preliminary cases include a man working in the maintenance department of Hong Kong Sanatorium, and a woman who gave birth at Queen Elizabeth on Mar 4 who was found infected only after repeated tests.

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The six imported cases included two newly arrived foreign domestic workers from Indonesia, one of whom tested positive on her 12^th day in quarantine; another DH as well as two returnees from India; and an air crew who flew in after traveling through various countries, including the United States and Japan.

Chuang said one of the imported cases had the highly infections coronavirus variant, but did not indicate who the patient was.

Hong Kong’s total Covid-19 tally is now 11,211 but only 206 confirmed patients are still confined in public hospitals and the treatment facility in North Lantau District Hospital.

Linda Yu, a chief manager of the Hospital Authority, said all patients at the community treatment facility at AsiaWorld Expo have been moved to North Lantau hospital as of this morning.

The AWE facility, which was used to treat more than 3,000 patients who were either asymptomatic or had mild symptoms, will be on standby in case of any future need.

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4th person dies after Covid-19 jab, health officials investigating

By The SUN

The 70-year-old woman had the Sinovac jab 9 days before she died

Health authorities are investigating the death of a 70-year-old woman who died yesterday, Mar 11, nine days after receiving the anti-coronavirus vaccine from Sinovac.

She was the fourth person to die in Hong Kong after getting the Sinovac jab since the city launched its inoculation program on Feb 26.

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In the two earlier cases involving a 63-year-old man and a 55-year-old woman, an expert panel advising the government on the after-effects of the vaccine had ruled out any connection between the deaths and their having received inoculation.

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They are still awaiting a detailed autopsy report in the third case of a 71-year-old man who died on Mar 8.

As regards the latest case, a government statement released late Thursday said the Department of Health is getting further information for conducting an investigation and assessment, including preliminary autopsy findings.

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The statement said the fourth fatality had a history of high blood pressure and had osteoarthritis in her knee. She experienced shortness of breath early yesterday, and collapsed at home at around noon, and was taken to Kwong Wah Hospital.

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“She did not respond to resuscitation and passed away this afternoon. According to information provided by the deceased’s family member, she had received CoronaVac Covid-19 vaccination at Kowloon Bay Sports Centre Community Vaccination Centre on March 2,” said the statement.

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On the same day, a 67-year-old man who has history of diabetes, hypertension and hyperlipidemia (or heavy fat deposits in the blood) reportedly collapsed at Mong Kok MTR station at around noon Thursday and was also admitted to Kwong Wah Hospital where he is now in critical condition.

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The statement said the preliminary diagnosis was acute coronary syndrome or heart attack. He was said to have received a Sinovac jab at a private clinic on Mar 2.

The DH is also looking into the case.

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Quoting the World Health Organization, the DH said that an adverse event after immunization “does not necessarily have a causal relationship with the usage of the vaccine.”

It says it will provide all available information obtained from each case to the Expert Committee on Clinical Events Assessment Following Covid-19 Immunisation (“expert committee”) as soon as possible.

The expert committee will then make the final assessment and release its findings to the public.

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Govt to issue guidelines for taking Covid-19 jab

By The SUN 

Chief Executive Carrie Lam observes the public rollout of the BioNTech vaccine

Health officials say they are in talks with medical specialists on releasing guidelines on what various groups of people should consider before taking a Covid-19 jab, amid reports of a number of people getting ill after getting vaccinated.

Undersecretary for Food and Health Chui Tak-yi confirmed the plan during the regular press briefing on the coronavirus situation on Thursday, Mar 11.

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Chui said the move is being taken in response to feedbacks from those who have taken the coronavirus vaccine, that they need more clinical information about the possible side effects of the inoculation.

He did not give a date for when the new guidelines would be issued, but several media reports said this could happen as early as Friday.

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Chui, however advised two groups of people who should first consult their family doctor or a specialist, before booking an appointment for a Covid-19 jab.

The first are those with records of severe allergy, or severe allergic reactions to any drugs. The second are those with chronic or other diseases and are unsure of whether they should get the vaccine.

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“Please do not make appointments without first consulting a family doctor or an immunologist, or an expert in allergies,” he said.

Chui confirmed a government statement that 150,500 residents have been given their first dose of a coronavirus vaccine.

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Of these, 121,500 had the Sinovac jab, while about 9,000 got the vaccine from Pfizer/BioNTech, which was made available to the general public for the first time yesterday.

Whatever uncertainties people might have about possible side effects, they should still get vaccinated, Chui said. “The benefits of vaccination outweigh the risks,” he said.

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Despite such assurances, many people who had booked appointments for taking the Chinese-made Sinovac appeared to have developed cold feet.

According to government figures, only about 72 percent of those who booked appointments to get Sinovac turned up Wednesday.

 A high 91% of vaccine applicants showed up to get their BioNTech jab

In comparison, 91% of those who signed up to get the German-made BioNTech showed up for their appointment.

The turnout for Sinovac was at a low 64 percent on Tuesday, in the wake of reports that a third patient had died after taking the vaccine.

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An expert panel advising the government on post-vaccination symptoms has so far ruled out any connection between the deaths of the patients and their having taken the vaccine.

Panel co-convenor, Prof Ivan Hung, told a radio show Wednesday night that those suffering from heart disease, high blood pressure or diabetes are prone to side-effects.

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Hung said those who suffer shortness of breath while exercising, or have long-term bad effects such as smoking should reconsider getting the jab.

The same is true for those who suffer from constant high blood pressure at levels higher than 160/100, or with elevated blood sugar levels.

Under the government’s Covid-19 vaccination program which was launched on Feb 26, residents can currently choose the vaccine from either Sinovac or BioNTech. A third, vaccine, AstraZeneca, is expected to arrive in the second half of the year.

Sinovac has not released as much data about its vaccine as other drug companies, particularly from its late-stage clinical trials on its effects on people aged 60 years old and above.

It also has a relatively efficacy rate of between 50.65% and 62.3%, which is achieved only after the second dose.

BioNTech vaccine, on the other hand, has been shown to be 95% effective, and according to the World Health Organization, is safe for people with various medical conditions.

However, Sinovac advocates claim the Chinese-made vaccine is safer as it was created using the traditional way, using an inactivated form of the virus.

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Stalking victim gets help from human rights lawyer, NGO

By Vir B. Lumicao 

The Filipina will finally get to tell the police about her ordeal

A human rights lawyer and a nongovernmental organization devoted to restoring dignity to exploited women have come to the aid of a Filipina domestic worker who claims to be a victim of stalking, harassment and cyber bullying by her former boyfriend.

 Also this evening, the Hong Kong Police contacted the Filipina victim and asked her to go to the station to make a statement about the alleged assault. Officers in two police stations previously declined to interview her, and merely advised her to cut off all ties to her former lover.

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The call came two days after the Consulate met with the victim and promised to endorse her case to the police VIP liaison for action.

Earlier on Thursday, Mar 11, the 30-year-old Filipina met with rights advocate Patricia Ho, who assessed the case and mapped out possible courses of action to stop the man from tormenting her.

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The solicitor said among the steps that can be taken is to apply for an anti-harassment injunction from the court in the absence of a law in Hong Kong that could nail down the stalker.

“It seems to me that what you’re looking for now is an injunction… that stops him from harassing you. If you can get it, the effect of that is, if he breaches the injunction, you can call the police and he can be arrested for breaching (it) and he can be detained,” the lawyer said.

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Ho said it’s not easy to get an injunction because in Hong Kong there is no clear anti-stalking or harassment law.

“But, it is doesn’t mean that the law allows it. There are some cases in Hong Kong that show that the court will consider granting injunction in harassment situations if there’s evidence that you can face harassment and harm that will have mental and physical impact on you,” she said.

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The lawyer also suggested that the complainant see a counselor to ascertain whether she is suffering from anxiety or depression, and use the diagnosis as evidence to show the court that the harassment has a measurable impact on the victim.

Ho then referred the case to Hong Kong Dignity Institute so the NGO which she founded and is run by pro bono lawyers, could carry out a research on the mental impact of the ordeal on the victim, help her prepare a statement, and refer her to a law firm to follow up.

Ho is extending legal and emotional support to the Filipina 

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Ho said she has a counselor at the HKDI who can help the victim cope with the stress that she is going through as a result of the harassment.

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After the statement-taking, the victim went for a checkup at a public hospital so she could get a medical report as part of her evidence.

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In the meantime, the helper’s tormentor continues to post photos of her daughter with indecent captions on newly created bogus Facebook accounts of the 14-year-old girl.

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