Beggars are divided into three groups: those who are capable of working but believe that begging will bring them more income, and they prefer begging to receiving assistance; those who are unemployed but find it difficult to find work, and those who believe that begging is a way for them to make a living, and who believe that even if they accept short-term assistance, they will soon "resume their old profession"; and those who are genuinely in need of assistance, but are incapable of expressing their wishes, in particular the disabled, who are subjected to surveillance and custody, and who may not be able to clearly express their wishes to the rescuers.
Recently, a report that "Thai police arrested six Chinese beggars aged 28 to 41 on the streets of Bangkok" sparked worldwide concern, and numerous netizens pointed out that beggars from the Mainland are often spotted on Hong Kong's streets. They are not just mainlanders, but also Hong Kong residents, and there are not only the disabled but also able-bodied or street performers.
In reality, it is generally known in Hong Kong that street begging is illegal. Section 26A of the Summary Offence, "Punishment of Persons Begging for Alms," added by the British Hong Kong Government in 1977, states that any person who wanders, begs, or receives alms in any public place, street, or tunnel, or causes, procures, or encourages any child to do any of the foregoing shall be guilty of an offence, and shall be liable on conviction to a fine of HK$500 and imprisonment for one month in the case of the first or second conviction; and in the case of the third or subsequent conviction, to a fine of HK$500 and to imprisonment for 12 months.
Non-local Beggars
In the last five years, cases of mainlanders arrested, prosecuted, and sentenced by the police for begging have been concentrated primarily in the Central, Yau Tsim, and Mong Kok districts, and those arrested by the police for begging have primarily arrived in Hong Kong on Exit-Entry Permits for Travelling to and from Hong Kong and Macao (commonly known as "Two-way Exit Permits"). It is observed that physically disabled or elderly mainlanders come to Hong Kong to beg often because "it is very difficult to get money on the Mainland," and then return to Shenzhen every seven days on average, before returning to Hong Kong to avoid overstaying their visa. The HK$100-a-day bedspace in Yau Ma Tei and Tsim Sha Tsui meets the requirement for lodging in Hong Kong. The typical day's earnings from begging range between HK$100 and HK$400.
Hong Kong, being an international metropolis, has various beggar gangs from all over the globe, as well as many abroad beggar gangs! People can find French beggars in the Tsim Sha Tsui MTR tunnel, as well as Russian beggar gangs outside the exit of Mongkok MTR station. Some of them are disabled and hold up a cardboard sign shaped like a bag carrier, asking for travel costs. The majority of them said that they had no option but to come to Hong Kong due to the economic crisis in their home countries, and that they would leave Hong Kong every few months and return when their visas were ready, and so on and so forth.
In response to the question about the regulation of beggars from the mainland or overseas, the Immigration Department (ImmD) stated that information on beggars reported by law enforcement agencies would be added to the watch list, and ImmD officers would stop and question the beggars in detail when they re-entered Hong Kong in the future. If the person in question fails to meet the normal immigration requirements (such as whether he has a valid visa or endorsement appropriate for the purpose of his visit to Hong Kong and whether he has any known adverse record, etc.), or if the ImmD officers believe that the purpose of his visit to Hong Kong is suspicious, the person in question will be denied entry into Hong Kong. Furthermore, the ImmD will provide a list of mainlanders convicted of begging in Hong Kong to the appropriate mainland authorities for consideration by the mainland issuing authorities when evaluating and granting their applications for future entry into Hong Kong. Other law enforcement authorities in Hong Kong will continue to monitor and investigate begging operations, including if syndicates are engaged.
While the fact that people from the mainland and overseas may come to Hong Kong to beg reflects that Hong Kong people are caring and compassionate, Leung Man-kwong, a member of the Legislative Council who has been responsible for community work in Yau Tsim Mong for many years, believes that law enforcement agencies should step up their investigations and regulation so that cases of people cheating for money to gain sympathy are not exploited by people with ulterior motives. Chan Hiu-fung, a Hong Kong National People's Congress deputy and member of the Hong Kong Election Committee, believes that visitors from other countries should follow the laws of their home countries, and that "the mainland has done a good job in poverty alleviation, and if they need money, the community can explore other ways to solve the problem, and they don't necessarily have to go to the extent of begging."
Local Beggars
Hong Kong's social security system now comprises Comprehensive Social Security Assistance (CSSA), the Social Welfare Department's emergency relief services, street sleepers' houses, and support services offered by different social organizations. Street sleepers and needy residents who seek aid from government social workers may obtain assistance and support, and they do not have to resort to begging on the streets. However, recently it has been noticed that on the street several beggars with local accents who claimed to have been born and raised in Hong Kong were mostly elderly people over the age of 60.
Leung Man-kwong believes that the phenomenon of begging by locals also exists, and it would be best to understand the motivation behind it, whether it is a need for material help or an emotional problem. The Legal Functional Constituency legislator, Lam San-keung, believes that "the most important thing is to solve the problem at root", and suggests that social workers should be sent to understand the background of the beggars and deal with the cases flexibly, in addition to enforcement.
Although Hong Kong has legislation prohibiting on-street begging, not all beggars are caught and convicted throughout the enforcement procedure. Ambrose Lee, the former Secretary of the Security Bureau, previously said, "Whether a person is convicted or not depends primarily on whether there is any premeditation, and secondly, whether there is any element of deception. If someone really does not have enough money for meals, then that one may be justified in this scenario. The punishment for street begging is determined by the facts of each case."
Is street performance considered begging?
In recent years, a number of street performers have appeared in congested Hong Kong areas such as Causeway Bay and Mong Kok, providing entertainment for pedestrians and contributing to the creative ambience of the city. However, street performances have long been a source of controversy in Hong Kong. It is an offence to play any musical instrument in a public street or road, except where the game is played under and in accordance with the conditions of a general or special licence issued by the Commissioner of Police in his absolute discretion, according to section 15 of Prevention of Nuisances and Miscellaneous Offence under section 4 of the Summary Offence.
In 2017, there was a street performance by Japanese street singer Mr. Wally in Mong Kok which was called off by the police. That is to say, street performances on public streets in Hong Kong will be regarded as an offence if they have not been applied for. Despite this, many street performers still choose to come to Hong Kong to perform in the midst of cheap travelling.
A suggestion was made to issue licenses for performing arts activities. Leung Man-kwong opined that this could be implemented among local street performers, but not for people outside Hong Kong holding tourist visas. Different people have different views on the behaviour of begging, which can be divided into the following two aspects.
Positive: No 'one-size-fits-all' legislative ban should be introduced
Some of those who considered that begging should be accepted pointed out that people had the freedom to choose their means of livelihood and if they chose to beg for a living, the community should respect their right. Most of the beggars might not have the ability to earn a living, and an across-the-board ban on begging in the absence of a comprehensive social security system might jeopardise the lives of these people. Moreover, they considered that to eliminate the livelihood of these people might cause them to take risks. The general public are willing to help those in need and do not resist begging behaviour.
Opposition: Let begging disappear from Hong Kong's borders
Some of those who consider that begging should be banned point out that begging behaviour causes nuisance to other pedestrians, affects the smooth flow of roads and adversely affects the image of the city. The Government should adopt a two-pronged approach by banning begging on the one hand and improving the social security system and the legal system on the other.
However, apart from the two views mentioned above, some people think that begging behaviour has existed since ancient times and cannot be stopped. If this is the case, society can strike a balance by, for example, prohibiting begging behaviour from taking place in crowded places, so as not to affect the smooth flow of roads and pose a threat to the safety of other people, and by adopting a persuasive approach in law enforcement and then prosecuting the offenders. However, law enforcement agencies should take strict enforcement action against those who organize begging for profit.
Will the public have to pay?
Leung Man-kwong believes that it is up to the public to decide whether or not to give alms, but it is best to distinguish whether the person is trying to gain sympathy, and to notify the Social Welfare Department or report to the police if they find anything suspicious. Lam San-keung believes that it is necessary to strengthen the awareness of "begging is illegal" in Hong Kong, and discourage the public from giving money to encourage begging.
Conclusion
In society of all areas, it is hoped that everyone will be well-fed and clothed, and that there are no beggars on the streets. But in Hong Kong quite a number of beggars from the Mainland can be found in various districts. However, after taking a few more steps and observing the situation, we found that many of the beggars included people from developed countries, as well as middle-aged and elderly people from Hong Kong.
If we have to look into the root of the problem, including the fact that there seems to be an increase in the number of local elderly beggars, the economy may also be a factor. In Hong Kong, there have always been pillars for retirement, such as child support, self-savings and social welfare payments. It is only that some of the elderly have been working at the grassroots level for years and may not know how to seek help. When people see people begging in this busy city, apart from enquiring about where they come from, they may also have to think about the question of whether these "outsiders" living in Hong Kong, in particular the elderly, are in need of assistance from all sides. The issue of begging is a legal issue, but it is also a financial and welfare issue.
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