Hong Kong tainted water whistle-blower to spearhead battle for compensation for victims
Democratic Party lawmaker Helena Wong, who exposed the scandal last July, will team up with veteran barrister Martin Lee in her legal fight
As an investigation panel blamed “a collective failure” involving the government and contractors for last year’s tainted water scandal, the Democratic Party is gearing up for a legal battle on behalf of affected residents to be spearheaded by the whistle-blower in the case, Helena Wong Pik-wan.
Wong, the party lawmaker who first exposed the presence of excess lead in drinking water at an estate in Kowloon City last July after conducting her own tests, will team up with veteran barrister Martin Lee Chu-ming SC as her adviser in claiming damages for “water-gate” victims.
Since there is not any procedure in Hong Kong for bringing class action suits allowing an individual to act on behalf of a group of victims, the party intends to find some leading cases in a bid to hold relevant government departments and contractors responsible for the tainted water in 11 public housing estates.
A total of 29,000 households were affected by tainted water, which was found to contain a lead content of over 10 micrograms per litre – the standard recommended by the World Health Organisation.
Wong said the strongest cases would involve children with excessive amounts of lead in their blood and who were assessed by the government to be suffering a developmental disorder.
The number of such cases is estimated to be around 10 and their success could pave the way for smaller claims by thousands of other affected residents.
“[Chief Secretary] Carrie Lam Cheng Yuet-ngor said nobody needed to be held accountable for this blunder because it is a systemic failure. It’s really outrageous,” Wong said.
“The government can sue the contractors, but who can pursue responsibility against the Water Supplies Department and the Housing Department? We need to act on behalf of the victims to fight for their interests,” she said, calling for victims to come forward to safeguard their rights.
The independent panel issued a damning report last week blaming the scandal on a “classic case of buck-passing” and “a collective failure on the part of all stakeholders” to guard against the use of leaded solder in the plumbing system, the direct cause of the tainted water.
Eric Cheung Tat-ming, principal lecturer in the University of Hong Kong’s law faculty, said children could easily apply for legal aid as long as they could show a link between the leaded water they consumed and the developmental problems they suffered.
“As the city’s water provider, the Water Supplies Department bears a strict liability for ensuring that drinking water is fit for consumption. Those who can prove that their problems were caused by the consumption of leaded water will have a stronger case for personal injuries,” he said.
Wong is also pushing for the introduction of legislation safeguarding water quality, the creation of an independent body to set water quality standards and a proper regulatory regime.
