Arrested protesters from 831 Prince Edward Station clash seek new lives with families as refugees in Canada

Photos & article by Debbie Chen Yifen

When Hong Kong was returned to China in 1997, Hongkongers believed Deng Xiaoping when he said, "Horses will still run, dancers will still dance." Following last year's Anti-Extradition Law Amendment Bill (Anti-ELAB) movement and this year's introduction of Hong Kong's national security law (NSL), however, some Hongkongers started having doubts. In the past year or so, a total of 46 Hongkongers sought refugee status in Canada. One such claimant agreed to an exclusive interview with Sing Tao Daily Canada. He admitted that the NSL's implementation and Canada's suspension of its extradition treaty with Hong Kong offered him an extra layer of protection since has been arrested by the police before, but this was not what he wanted. He had originally wanted a free and prosperous Hong Kong where he could watch his children grow up but everything changed, he felt. A lot of uncertainty remains on whether he can successfully immigrate to Canada. Despite this, he has made his choice and has no regrets.

Ah Song (alias given to protect his identity) and numerous other people were arrested Prince Edward Station clash of 831 [August 31] last year. They were subsequently released but the prosecution maintained the right to press charges. After his release, the feeling of being constantly followed and monitored never left him.

As a father of two, he first had the idea of coming to Canada out of fear for his family's safety. Towards the end of last year, they arrived together as tourists and stayed with his brother in Greater Vancouver. They filed a refugee claim in February this year.

Their eligibility interview to make a refugee claim was originally scheduled for March this year but it had to be delayed because of the COVID-19 outbreak. With his passport confiscated by the Immigration and Refugee Board, he had to stay put and wait.

Outsiders struggle to understand leaving for lack of better option

"When considering whether or not to leave, I felt conflicted. I chose to leave for the safety of my family. Maybe some will criticise me for being a coward or deserter but it's hard for these begrudging outsiders to understand. I truly admire the people who sacrificed more than I have. I still want to live in Hong Kong but when I look at my wife and children, I'm filled with dread... Hong Kong has shifted. It's turned into a city I can't recognise. I don't know if leaving is the right answer but at least I'm trying to keep them away from the dangers of Hong Kong."

The 28-year old Ah Song worked in the catering industry in Hong Kong. He plans to study home renovation in Canada in hopes that the skilled trade could support his family. Because the epidemic delayed his eligibility interview, he has not been able to work for over half a year. Financial constraints left him and his wife crestfallen. Frequent arguments became difficult to avoid.

He said, "Although some people will occasionally help us, invite us to meals and send us daily necessities, an emptiness remains in my heart. I can only recall one friend with whom I can speak openly. He freely helped himself to pizza this one time but the few times we chatted, I felt like we understood each other. There has always been a barrier when connecting with others [unlike him]. Unfortunately, he returned to Hong Kong."

Now that Hong Kong has morphed under the absolute dominion of the NSL, the fortitude he carried during the Anti-ELAB movement took a blow. While he admitted that Canada's suspension of its extradition treaty with Hong Kong increased his safety, he remained unwilling to see Hong Kong become what it is today. "Although it's inevitable to admit that Hong Kong has become increasingly worse, further ensuring my refugee status, I'd frankly prefer that Hong Kong was safe. I don't need or want Hong Kong's suffering in order to meet my own goals."

A barrage of water cannons and rubber bullets

Ah Song has participated in the Hong Kong democracy protests for many years and was involved in the Umbrella Movement of 2014. He talked about his journey through these experiences, Ah Song was most shocked and saddened by his experiences of conflict with the police. He claimed that several of his friends and relatives worked as police officers and participated in protests a few years ago. He had not thought that there was any problem the Hong Kong Police Force and that everything was done in accordance with the law. But after the Anti-ELAB movement, the situation gradually changed.

"For example, a bunch of us were arrested in the 831 Prince Edward Station incident. When we were waiting to be transported, the police lined up and started clapping their hands. They screamed profanities at us and called us 'cockroaches'. Even if we are enemies, this is so unnecessary. In the end, the police are human too, just as we are." He said he was held in the detention centre for more than ten hours. "My hand was injured and wouldn't stop bleeding. The police didn't let me bandage it up."

In the ensuing protests, Ah Song was continually hit by rubber bullets and water cannons from the police. They were incredibly painful, according to him, especially the water cannon's increasing force and irritative blue dye. After exposure, it felt like being burned with fire. Many hours of rinsing did little to alleviate the pain. "The first time a water cannon fired at me was in September. It happened again in October and November. It's obvious that they increased the chemicals of the tear gas irritants by a lot."

This May, the [police watchdog] Independent Police Complaints Council (IPCC) issued a statement denying that the police had colluded with thugs and deciding not to pursue allegations of excessive force. Chief Executive Carrie Lam also repeatedly denied the presence of police brutality and, rather, praised them for their performance in curbing violence. At the end of last year, the IPCC hired an international panel of experts to investigate conflicts between the police and civilians during the Anti-ELAB movement. Citing insufficient independent investigative powers, they later resigned.

Ah Song arrived in Canada just in time to see how the Canadian government tackled police discrimination against indigenous peoples and people of African descent. Seeing how it conducted its investigation and proposed improvements against violence with law enforcement, he asked, "Could something like this happen in Hong Kong? Could Hong Kong citizens [freely] protest on the streets? Would the Chief Executive ever take a knee? What unit is capable of initiating an independent investigation?" He does not know who has the answers.

Refugee claimants stuck in limbo. What agencies can help?

During the Anti-ELAB movement last year, 46 Hongkongers applied for refugee status in Canada. Because of the COVID-19 outbreak, however, Immigration, Refugees and Citizenship Canada (IRCC) had to shut down their offices and put hearings on hold. Many people's claims were suspended as a result and their eligibility interviews, delayed. Without a work permit, their lives are stuck in limbo. Some Members of Parliament (MPs) indicated that these people could contact the representatives of their electoral districts, asking them to urge IRCC to expedite the processing of their applications.

MP Jenny Kwan Wai-ching of the New Democratic Party of British Columbia represents Vancouver East and is part of the Standing Committee on Citizenship and Immigration. Her assistant, Gabriel Yiu, knew that we were doing a story of Ah Song's plight. Yiu reached out and said that if Ah Song lived in her riding, he was welcome to contact her office.

Yiu said, "Claimants can ask the representative in their riding for help. Even if they don't live in Kwan's riding, she can persuade the relevant authorities to improve the process as a member of the Standing Committee on Citizenship and Immigration, so long as their case involves government policies on immigration and refugee claims. Recently, an Ontario resident asked for help. They claimed that their entire family had returned to Canada from overseas but, because the border was closed and their nanny did not have the citizenship or permanent residency, she could not join them. Ultimately, Kwan responded to the blind spot in the policy and a solution was reached." Yiu pointed out that one of the MP's responsibilities is to serve the voters in their riding so people should not hesitate to ask them for help. Of course, there may not be a solution to everything but there should at least be a response. Yiu mentioned that [Kwan's] office did receive some inquiries about claiming refugee status in Canada from Hongkongers but they were not many.

MP Kenny Chiu Kam-wing, a Conservative Party representative of the Steveston - Richmond East riding in British Columbia, was born and raised in Hong Kong. He said that he had received several inquiries over the phone about immigration, refugee claims and entry into the country. As long as he and his office were able, they would be happy to help. Chiu claimed that few Hongkongers were presently making refugee claims in Canada due to concerns about the border closure. It is simply impossible to fly over without citizenship or permanent residency. He wondered if a good portion of the 300,000 Hongkongers holding Canadian passports had already returned to Canada. "Maybe a lot of them have come back to Canada in the last six months but it's hard to confirm the statistics."

In early July, Prime Minister Justin Trudeau said, "In the days and weeks to come, we're also looking at additional measures including around immigration." Chiu challenged this, "It's been more than a month now. How can there be no updates? It's not that Trudeau's government is incapable. Rather, it's that they're unwilling. His response to the issue of Hong Kong is very passive." Chiu added, "With the epidemic, it's not just the issue of refugee immigration being blocked. Many government affairs are also delayed. Despite the Conservative Party's calls for additional Parliament sessions, Trudeau's government turned to prorogation instead. It's exceedingly difficult for MPs representing their electoral districts to engage in domestic and international affairs."

We interviewed another Hong Kong-born politician, Mary Ng, if she had received any requests for assistance with refugee claims from Hong Kong. Ng is a Liberal Party member and the Minister of Small Business, Export Promotion and International Trade. What kind of help can she provide? Ryan Nearing, Ng's spokesman, stated, "Our team is committed to helping voters solve a variety of problems, including how to access government programs and benefits. We provide the latest information and collaborate with community partners to give them as much support as we can. Due to privacy concerns, however, we are unable to discuss the specifics."

Ah Song said that his eligibility interview, originally scheduled for March 17, was cancelled because of the epidemic. A few days ago, he called IRCC, which informed him that some immigration services were gradually being restored. If the situation does not worsen, he should expect his interview to take place in December.

Only after a successful interview where the immigration officer confirms eligibility for a refugee claim can the claimant obtain a Refugee Protection Claimant Document. This document allows them to receive a social insurance number that gives them the rights to work and enrol their children in school. Ah Song said, "What I'm anxious about is having no work or income. For the past six months, my kids couldn't even go to school. It looks like the situation will go on. It's terrible."

The gift of a drop of water will be repaid with a gushing spring

The Immigrant Services Society of British Columbia [recte ISSofBC] is the main organisation assisting refugees. However, they have been slow to respond to inquiries for days.

Queenie Choo, the Chief Executive Officer of the United Chinese Community Enrichment Social Service (SUCCESS), stated that Chinese immigrants have access to refugee services that run the gamut of employment, housing, medical care, schools and settlement assistance. However, users of these services must have completed their eligibility interview successfully first to confirm that their claim is being processed. People who have submitted their documents and are just waiting for their interviews, like Ah Song, are not qualified to receive them.

From East to West, Canadian organisations supporting Hong Kong's pro-democracy movement created fundraising initiatives to assist activists arriving in Canada to obtain refugee status.

Mabel Tung, chair of the Vancouver Society in Support of Democratic Movement (VSSDM), stated that they would provide some financial support but it would not be a lot of money. They would also try to provide other resources. The VSSDM website has a "Hong Kong Humanitarian Aid Fund - Vancouver" page appealing for donations from the public. At present, it has raised more than 40,000 CAD to help refugee claimants with legal aid, temporary housing and living expenses.

Ah Song claimed that had received financial help from VSSDM. He said, "As the old Chinese saying goes, the gift of a drop of water will be repaid with a gushing spring. I'm truly grateful for all help from the VSSDM and the friends I've met and haven't met. Right now, I hope that IRCC will open its doors as soon as possible."

Source: Sing Tao Daily
http://bitly.ws/9xie

Resources for those considering immigration to Canada:

IRCC
Steps to Justice (Community Legal Education Ontario)
SUCCESS
VSSDM
Chinese and Southeast Asian Legal Clinic (Toronto, ON)