Setting some facts straight in Tung Ah Pui Village (東丫背村) illegal villas investigation

Jan 30th, 2013 photo of villas occupied by former official and wealthy businessmen ‘built illegally’ on government land in Tai Tam (Photo credit: Kwan Chun Hoi_

Jan 30th, 2013 photo of villas occupied by former official and wealthy businessmen ‘built illegally’ on gov land in Tai Tam (Resolution: 4080×2720, Photo credit: Kwan Chun Hoi)

On June 9th, 2016, the scandalous story of [Hong Kong] Villas occupied by former [HK gov] official and wealthy businessmen ‘built illegally’ on government land in prized Tai Tam areaand “前高官商人佔用大潭官地建豪宅逾30年” (Chinese version) was reported by FactWire news agency. This FactWire investigative report (2nd story since launch on 1st March, 2016) was widely quoted and used by other media immediately including the likes of Apple Daily Real Time News 蘋果日報即時新聞HK Free PressOriental Daily 東方日報RTHK, and RTHK interview gov official (video). A great news report that immediately grabbed headlines and generated major discussions in HK.

And two days in a row (June 10th and June 11) Apple Daily 蘋果日報 put the illegal villas news on front page (page A1) and came out with a series of stories (most with videos). June 10th (5 articles): “地署縱容30年 前高官 富豪 霸官地寮屋變豪宅“, “勞處前高層豪宅原是豬舍“, “「亞洲英雄」曾帶電視台參觀萬呎樂園“, “石澳五村20年前通知收回“, “寮屋私下轉讓改建嚴重“. June 11th (3 articles): “前高官 富豪 佔地兼霸海 毀海岸建渡頭“, “前高官稱親手修葺“, and “議員指涉犯六宗罪“.

Former Apple Daily Reporter’s 2013 & 2015 work

One of the pivotal (but less known) figures is former Apple Daily reporter Kwan Chun Hoi (關震海) which first took the photo at the top of this article, an important photo taken in 2013 January 30 which documented the much less damaged coastline in 2013. Yes, close to three and a half years ago.

Last Friday night (June 10th, 2016) Calgary time (i.e. Saturday morning HK time), this reporter took the initiative to ask for and get an interview with Kwan. We chatted for almost 2 hours to talk about this news and also a wide range of topics (including Kwan’s views on investigative reporting in HK which I may write about later if I have time).

Kwan was clear from the outset that he wanted to set the records straight on some key investigative facts and dates and he wasn’t trying to claim credit for his earlier investigative work. Quoting Kwan’s own words in his Chinese Facebook post (“【揭發前高官霸地三十年之爆料人的自白】”), from early Monday HK morning June 13th,

“我不是想跟大家說:我是調查該案件的第一人,不用給我掌聲,這是蘋果日報與Factwire一群前線偵查記者的功勞。[…] 任何讚賞,可免則免。”

News Delayed is … Justice Delayed/Denied?

Unbeknownst to most HongKongers, according to Kwan, the identity of one of the villa owners Mak Sai-yiu (麥世耀), a former Assistant Commissioner for Labour (勞工處前助理處長), had been confirmed in 2015 June and the fact that villas are illegally built has never been doubted.

So this news could have been reported in June 2015 but didn’t. Kwan felt bad for the insider who gave him the lead more than 3 years ago and wrote,

“一個公務員冒上失去長糧的風險,挺身而出報料,一定有「目的」。我認識他一段時間,事件對他升職毫無幫助,反而令他更麻煩。我應承他,將他前線眼前的問題寫出來。這個調查報道背負了三年,是時候放下。”

The importance of the 2013 photo

Kwan’s 2013 January 30th photo is very important because it shows the status of the coastal area in front of theTung Ah Pui Village (東丫背村) villas compared to what they look like now in June of 2016. In case the villas owners are called in front of courts to answer for any potential charges against them, Kwan’s news photos may become part of the evidences to support any potential criminal or civil charges.

When did this investigation REALLY start?

The June 11th Apple Daily “前高官 富豪 佔地兼霸海 毀海岸建渡頭” report states August 2015 (“本報去年8月起偵查石澳東丫背村遭人霸地擴建寮屋,多次追問地政總署有關違例情況”).

If it were up to this reporter, the investigate report started in 2013/01/30 (or earlier) when Kwan took the photo (or when the lead was given to him be his informant) even there is a big long time where nothing happened until 2015.

According to Kwan, he hidden camera interviewed Mak on May 27th, 2015 so the investigation should have at least started in May 2015. And the identity of Mak was confirmed in June to July 2015. So it is incorrect for Apple Daily to report that it started the investigation in August 2015.

Getting facts straight and the trouble with “reasonable doubt”

Dates, times, and facts are important to get straight. Kwan was upset with seeing many of these being incorrectly stated. This reporter raised the issue of “reasonable doubt” if criminal charges were to be laid. And Kwan agreed that the inconsistent dates could potential lead to troubles down the road in court proceedings as inconsistencies may lead to “reasonable doubt”.

Which is one of the reasons why Kwan agreed to talk to this reporter so he can try to set some of the records straight since he was involved (counting elapsed time) in this news for close to 3.5 years.

Concluding thoughts

In my in-depth and wide ranging interview/chat with Kwan, many topics were discussed including “investigative reporting”. This reporter mentioned the case where even the widely respected CBS 60 Minutes reporter Mike Wallace tarnished his own reputation in the Big Tobacco story (with CBS video) and was the basis for the Hollywood movie “The Insider“. Most reporters (especially those in HK) don’t have the clout like what Wallace had since Wallace could have done more to try to force or guide CBS 60 Minutes to do the right thing but he didn’t do enough, which explains why Big Tobacco is still seen as a reminder for some reporters to try to do the right thing.

References:

1) FactWire: Villas occupied by ex-official and businessmen ‘built illegally’ on government land in Tai Tam

2) Kwan Chun Hoi (關震海) currently writes for Ming Pao Weekly 明周 with in-depth stories like “【恐懼鳥】凝視暗黑網絡的世界” (with video), “深度資訊 永遠消失?“.

3) A low resolution (video screen captured) version of the lead photo (high-res 4080 x 2720) at the top of this post.

Screen Shot 2016-06-13 at 1.02.27 PM - That 2013 photo by Kwan

Apple Daily (AD) only stated this photo as from 2013 without any specifics. In fact, it is a photo taken on Jan 30th, 2013 by then AD reporter Kwan Chun Hoi.

4) The date and time code information embedded in the lead photo (high-res 4080 x 2720) at the top of this post.

Screen Shot 2016-06-13 at 4.42.37 PM - Kwan Photo date and time

Kwan’s photo date and time, camera info, etc

Jun 16, 2016 update: Tung Ah Pui Village luxury squatters: Explorer’s uncle was late Secretary for Housing

(Chinese) [跟進調查] 傳真社發現,於東丫背村佔用官地面積最大的中國探險學會,其創辦人黃效文的叔父,為已故的前房屋局局長黃星華。

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: