Listen to #Hashtag Hong Kong every Sunday morning at 8.15
Focussing on issues affecting civil society, we'll hear from representatives of NGOs, associations, statutory bodies, and non-profit groups.
(Sundays 8.15am - 8.25am)
As most will know, the law can be complicated, confusing and costly. In Hong Kong, 1.394 million people live at or below the poverty line and that population cannot afford to pay private lawyers’ fees.
We know from the Department of Justice’s 2008 consultancy study on the “Demand for and Supply of Legal and Related Services” that 79% of people in Hong Kong did not know what to do when faced with a legal problem and that 40% of respondents for that survey had a legal problem. Using these numbers, we estimate that the pool of disadvantaged people with a legal problem is 550,000, or thereabouts, and, of those, some 440,000 do not know where to go for help.
And so the fact is that, for HK’s poorest people, the most disadvantaged people, there is a legal access gap. The people we serve are underprivileged and are often also very vulnerable. Typical legal problems include things like family matters, employment and discrimination, education, housing, immigration, criminal matters and sometimes, personal injury, healthcare, probate and of course increasingly online scams.
They extraordinary people face significant disadvantages due to a confluence of factors: the complexity of the legal system, a lack of financial resources and education, cultural and gender access to justice barriers as well as an absence of legal and digital literacy. Language barriers can actually be a major barrier. Limited financial resources restrict people’s access to private legal representation. Lack of education and awareness about their rights further exacerbates the issue they face, making them vulnerable to exploitation and unfair treatment. There are also some systemic biases within the legal system can also disproportionately affect marginalised communities.
The government services and clinics may not always provide interpreters to non-Cantonese or non-English-speaking people, which can really complicate access to information, advice and/or representation. There are also Cultural stigmas around legal action, particularly in family or employment disputes, which can make individuals not seek help early enough, which means there is an over reliance on informal networks rather than the formal legal channels. And all these mean that even if the legal problem is settled for now, the outcome is not legally enforceable and it means thee can be even more problems further down the line. Overcoming these barriers requires comprehensive legal aid, community outreach, and also we would hope for some systemic reforms to ensure equal access to justice.
Hong Kong has limited publicly funded community legal information and advice centres. While the Department of Justice, the legal professional bodies, the Duty Lawyer Service and the Legal Aid Department provide some support, this does not cover all cases. In fact, it also only addresses cases once a person is able to identified and not everyone knows that the problem they have has a legal solution, let alone being able to name it and even to work out what to do about it.
Equal Justice fills this initial void by offering assistance in the early problem identification phases, helping with settlement to avoid stressful and costly court proceedings, linking disadvantaged people to lawyers and helping them throughout their case journey so they are supported, can understand what is going on and can navigate the system well enough to make informed decisions. And why? To ensure that they avoid any further hardship and specifically poverty.
We provide legal first aid - to disadvantaged people - who cannot afford or otherwise access the law and legal support. We empower people and communities with legal education, information, and support, to ensure that justice isn’t just a privilege for the wealthy and well-connected. We give free, face-to-face, tailored legal information and support, and and also refer cases to lawyers and counsellors. So far, we have worked on 3,000 cases, and we’re just 5 years old. Ad the people we help are 50% women, 30% children and 20% men.
When it comes to generalised legal support for Hong Kong’s disadvantaged population, organisations like Equal Justice and university clinics rely heavily on pro bono lawyers. But, demand often outstrips supply, especially for time-intensive cases like child abuse or neglect, intimate partner violence, discrimination and family disputes.
We have partnerships with 100+ amazing law firms and 54+ charities are robust but may not be able to scale given the widespread needs that we are already experienced. And our caseload has increased ~40% each year for the last 3 years, which is quite significant.
In March 2025, rather wonderfully, the HK Bar Association announced that they will be partnering with Equal Justice and 3 other NGOs more closely to bridge the community legal access gap. This is a very welcome endorsement.
It is the eighteenth year I have been working at Oxfam Hong Kong. I have dedicated my passion here because Oxfam is courageous enough to speak the truth and advocate for a just world that narrows the poverty gap. Each year, we launch our Hong Kong Poverty Report based on the data from the Census and Statistics Department, providing in-depth analysis of the poverty situation in Hong Kong to develop policy suggestions for alleviating poverty. Looking back, this marks the tenth year since we launched the poverty report. Unfortunately, I must say that this year's report reveals the largest income gap and the highest poverty rate to date.
According to our latest report, it found that the poorest decile earned 81.9 times less than the richest decile in the first quarter of 2024. Over 1.39 million people now live under the poverty line. Of this total, about one million individuals are poor non-economic active population, having left the labor market for different reasons. Even more alarming is the rise in poverty among our elderly; more than 580,000 individuals aged 65 or above were living in poverty, including approximately 260,000 singleton and doubleton elderly households.
Government has just released the Policy Address and I am glad to see that the Policy Address aligns with our calls to activate the non-economic poor population, including the elderly and women, to re-engage with the community with different forms of support. However, the establishment of a poverty line has not been addressed.
Since 2022, the government has stopped publishing poverty reports and associated poverty lines, adopting Targeted Poverty Alleviation instead. This strategy supports single-parent households, elderly households, and those in sub-divided units. However, it's crucial to retain a poverty line to analyze and monitor Hong Kong's overall poverty situation. This data enhances the design of effective poverty reduction policies tailored to different target groups. We understand the concerns in society regarding the accuracy of the poverty line, noting that it may overestimate poverty situation, as some individuals may own properties and other assets. In July of this year, we finished another research report regarding the poverty line and we suggest analysing households that include elderly individuals independently and converting the assets of these families into monthly income through annuitisation methods. We are open to discussing the measurement of the poverty line and hope the government will reconsider it, as it serves as crucial evidence for designing targeted poverty strategies.
The Policy Address proposed the set-up of a Working Group on Promoting Silver Economy. Oxfam expects that the Committee will design its policy suggestions focusing on 'enabling' and 'active ageing' strategies to address the issues arising from population ageing.
We previously suggested the Government create a database for singleton and doubleton elderly households by integrating data from different departments. We’re pleased that the Policy Address mentioned creating an interdisciplinary database for caregivers of the elderly and disabled. We hope this database's scope expands to include singleton and doubleton elderly households and is shared with social welfare agencies. This would help match appropriate social welfare support to these families.
Above all, early intervention and preventive measures are crucial for reducing health risks among the elderly. I welcome the government's proposal in the Policy Address to develop primary healthcare solutions. We further suggest that the government utilise telemedicine and technologies to provide suitable medical care. It should also promote elder-friendly exercises such as dance and stretching, combining programmes with online platforms to enable home training. The government could consider expanding medical vouchers to include online/offline health courses on exercise, allowing elderly to manage their health independently.
For those young old who are still willing to join labor market, we need an elderly-friendly environment. Hong Kong's poor elderly labor participation is only 3.8%, far lower than Mainland China (25%) and Norway (22.2%). The significant discrepancy is largely due to the intensity of pull factors in policy. We advocate the government should encourage employers to hire elderly through simplified application procedures of the Employment Programme for the Elderly and Middle-aged by directly providing subsidies based on the number of new elderly employees hired, as well as enhancing elderly’s willingness to work by lowering the threshold for elderly applicants in the Working Family Allowance Scheme. Even if they engage in part-time job, they could still enjoy full subsidies.
Population ageing doesn't have to lead to a social crisis. Long-term, by promoting Active Ageing and creating elder-friendly environments through technological and social innovations, society can address elderly needs. With government incentives to help re-engage motivated elderly in society and the job market, they can become valuable social capital. We all play a role in supporting each other. With vision and cooperation among public, private, and community stakeholders, Hong Kong can overcome challenges and build a more inclusive future.
This morning, I would like to dedicate a song “Imagine” by John Lennon to all of you and hope we will make a better world together.
03/11/2024 - Wong Shek Hung, Director of Hong Kong, Macau and Taiwan Programme, Oxfam Hong Kong