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Hong Kong society
Opinion
Cliff Buddle

My Take | Tai Po fire victims are not being served well by the inaction on class actions

It has been two decades since moves began to bring such cases to Hong Kong. Any resolution will likely come too late for Wang Fuk Court residents

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Workers remove the damaged bamboo scaffolding in Wang Fuk Court at Tai Po. Photo: SCMP / Sam Tsang

The prospect of “class actions” conjures up romantic images of campaigning lawyers winning billions of dollars in court from unscrupulous corporations, benefiting thousands of aggrieved citizens.

These stirring David v Goliath battles have featured in Hollywood films and TV legal dramas. They have long had a prominent place in the US legal system and been widely adopted in various forms around the world. But not in Hong Kong.

Now, in the aftermath of the Wang Fuk Court fire, in which flames spread rapidly through a housing estate killing 168 people and displacing almost 5,000, there are fresh calls for the city to fill the gap.

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Victims of the disaster, who have lost loved ones or flats, are considering legal action against those alleged to be responsible for the disaster. The blaze has raised numerous questions about fire safety and building maintenance projects. There have been at least 21 arrests.

Many lawyers have, admirably, stepped forward to offer free legal advice to those affected. The judiciary promised to expedite related cases, setting up a task force and a support group while waiving some fees.

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This is encouraging. But victims of the fire now face a complex, time-consuming and potentially expensive fight for justice. There are likely to be thousands of claims, many of them involving the same legal issues and defendants. It is classic “class action” territory.

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