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Hong KongLaw and Crime

‘Stateless’ man Hui Wing-kit seeks court ruling after living homeless in Hong Kong for 6 years with no registered identity

Hui Wing-kit eked out a living for six years with no home and no registered identity. He wants a court to force a decision on his status

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Hui has claimed he was born somewhere in Yuen Long between 1972 and 1976. He later made his way to the mainland, and has come to Hong Kong illegally a number of times since he was 15 or 16. Photo: David Wong
JULIE CHU

A man who claims to have no registered identity says the Immigration Department has delayed declaring him "stateless" and forced him to live a miserable life in Hong Kong for almost six years, according to documents from the High Court.

Hui Wing-kit, who is also known as Hui Ping-ping and Hui Chun-shui, is seeking a judicial review of the department's handling of his case including what he says is its failure to properly answer his application for stateless status made in 2009.

He is also urging the court to review the actions of the Social Welfare Department, which he said failed to provide food or a place to stay. He said the department had no policy for dealing with people in situations like his.

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"[Hui] was sleeping on the street, without food, without money, in a state of destitution while waiting for the … decision," the documents say.

Hui has also been denied assistance from the government and some aid groups due to the fact he lacks any status with the Immigration Department.

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"Notwithstanding the absence of a statutory obligation, as a question of fairness and one of legitimate expectation, the director of immigration has a duty to the applicant's claim as a stateless person," the documents say.

Hui has claimed he was born somewhere in Yuen Long between 1972 and 1976. His father took him to Taiwan when he was six years old, but when the father died he was left there without any papers confirming his identity. He is illiterate.

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