Application scope of Prison Rules at TGCI
Dear Correctional Services Department,
I refer to the Immigration Department (ImmD)'s reply dated 21 September 2021 in another information request, where the ImmD confirmed upon consulting your department that a person detained at the Tai Tam Gap Correctional Institution "shall receive the same treatment as that which is accorded to a person committed to prison for safe custody in any of the circumstances specified in rule 188(1) of the Prison Rules (Cap. 234 sub. leg. A) and, mutatus mutandis, rules 189 to 207 (inclusive) of the Prison Rules (Cap. 234A) shall apply to him." (Full correspondences available at https://accessinfo.hk/en/request/detenti...)
(1) In respect of such, I would appreciate if you could provide information on the ordinance/subsidiary legislation that specifies the treatment of persons detained at the Tai Tam Gap Correctional Institution (TGCI) in the following aspects of detention:
(a) Body search (cf. rule 9 of Prison Rules);
(b) Medical examination (cf. rule 14 of Prison Rules);
(c) Communications with legal advisors (cf. rules 47(7)(b)(ii) and 52 of Prison Rules);
(d) Separate confinement (cf. rule 63(b) of Prison Rules);
(e) Temporary confinement (cf. rule 68 of Prison Rules);
(f) Removal from association (cf. rule 68B of Prison Rules);
(g) Compulsory exercise (cf. rule 36 of Prison Rules);
(h) Intoxicating liquor and tobacco (cf. rule 25 of Prison Rules); and
(i) Notification to relatives (cf. rule 1A of Immigration (Treatment of Detainees) Order).
(2) If the aspects of immigration detention (a)-(h) at the TGCI are too governed by the Prison Rules, please specify and explain the statute(s) and case law that allow for this interpretation.
(3) If aspect (i) is not applicable at TGCI, please provide for reasons of such and whether persons detained at TGCI would be allowed to notify a close relative of the detainee, or any other person named by the detainee, of the detainee’s whereabouts by telephone calls or any other means, immediately after the detention/transfer of the detainee, or so soon after the detention/transfer as may be practicable.
(4) As reported by the press in June 2021 that the Commissioner of Correctional Services claimed the “smart wristbands” worn by detainees at TGCI would allow for them to make calls to relatives and friends directly after seeking permissions from CSD staff (Available at https://hk.on.cc/hk/bkn/cnt/news/2021060...) . Please provide for the number of such permissions granted by CSD staff each month since the opening of the TGCI in May 2021.
Thank you for your assistance on this.
Regards,
Preston Cheung
Dear Correctional Services Department,
I refer to my Access to Information request dated 4 November 2021, available in full at https://accessinfo.hk/en/request/applica....
Pursuant to paragraph 1.16 of the Code on Access to Information, could you please advise on the status of this request or whether your department has received this request?
Thank you for your assistance on this.
Regards,
Preston Cheung
Dear Sir/ Madam,
Our department has received your application for access to information on
16.11.2021. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
6.12.2021. In the meantime, please contact Officer CHAN Yu-hin via 2582
5192 if you have any enquiry.
Correctional Services Department
HKSAR
[1]total_caring_c
[2]https://csdportal.csd.hksarg/images/cari...
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From: "Preston Cheung" <[FOI #887 email]>
To: "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date: 16.11.2021 14:23
Subject: Re: Freedom of Information request - Application scope of
Prison Rules at TGCI
--------------------------------------------------------------------------
Dear Correctional Services Department,
I refer to my Access to Information request dated 4 November 2021,
available in full at
[3]https://accessinfo.hk/en/request/applica....
Pursuant to paragraph 1.16 of the Code on Access to Information, could you
please advise on the status of this request or whether your department has
received this request?
Thank you for your assistance on this.
Regards,
Preston Cheung
-------------------------------------------------------------------
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[FOI #887 email]
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[4]https://accessinfo.hk/en/help/officers
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4. https://accessinfo.hk/en/help/officers
Dear Sir/ Madam,
I refer to your application for access to information under the Code on
Access to Information ("the Code") to this Department on 16.11.2021 and
our interim reply to you on 25.11.2021.
Pursuant to Rule 2 of Prison Rules, the rules in those part (including
those provisions specified in your email) shall apply to all classes of
persons in custody (“PICs”), which is also applicable to persons detained
under Immigration Ordinance (Cap. 115) as specified in Rule 188(1)(ea) of
Prison Rules.
As regards the matter concerning notification to relatives, please be
informed that communication and visits for PICs at TGCI are governed by
relevant provisions of Prison Rules (e.g. Rule 203 & 206). Further, the
institutional management may allow a PIC to make local or overseas phone
calls, on a case-by-case basis, under special circumstances and on being
satisfied with a PIC’s genuine need for a timely communication with
friends and relatives. Besides, when PICs become eligible, they may have
the privilege of making a phone call to their spouse, children, parents or
siblings outside the territory of Hong Kong.
Concerning your request for number of permissions granted by CSD staff for
PICs to make telephone calls, please be informed that we are still
handling your request due to the requirement of extensive research on our
database. According to paragraph 1.18 of the Code, our department will
inform you of the latest progress of the case separately on or before
5.1.2022.
In the meantime, please contact Principal Officer WU Yu-shing via 2582
5234 if you have any enquiry.
Correctional Services Department
HKSAR
[1]total_caring_c
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: email CSD/CSD/HKSARG
To: "Preston Cheung" <[FOI #887 email]>
Date: 25.11.2021 10:01
Subject: Re: Freedom of Information request - Application scope of
Prison Rules at TGCI
Dear Correctional Services Department,
I refer to my Access to Information request dated 4 November 2021,
available in full at
[5]https://accessinfo.hk/en/request/applica....
Pursuant to paragraph 1.16 of the Code on Access to Information, could you
please advise on the status of this request or whether your department has
received this request?
Thank you for your assistance on this.
Regards,
Preston Cheung
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #887 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://accessinfo.hk/en/help/officers
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
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5. https://accessinfo.hk/en/request/applica...
6. https://accessinfo.hk/en/help/officers
Dear Sir/ Madam,
I refer to your application for access to information under the Code on
Access to Information ("the Code") to this Department on 16.11.2021 and
our interim replies to you on 25.11.2021 and 6.12.2021 respectively.
As regards your request for number of permissions granted by CSD staff for
persons in custody to make telephone calls, please be informed that we do
not maintain the statistical figures specified in your request. Pursuant
to paragraph 1.14 and 2.9(d) of the Code, your request could not be
acceded to.
You may also wish to note that, pursuant to paragraph 1.25 of the Code,
any person who believes that a department has failed to comply with any
provision of the Code may ask the department to review the situation.
Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the Code may also complain to The Ombudsman. The Ombudsman’s address is –
30/F, China Merchants Tower,
Shun Tak Centre,
168-200 Connaught Road Central,
Hong Kong
Telephone: 2629 0555
Fax: 2882 8149
Correctional Services Department
HKSAR
[1]total_caring_c
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: email CSD/CSD/HKSARG
To: "Preston Cheung" <[FOI #887 email]>
Date: 06.12.2021 15:22
Subject: Re: Freedom of Information request - Application scope of
Prison Rules at TGCI
Dear Sir/ Madam,
Our department has received your application for access to information on
16.11.2021. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
6.12.2021. In the meantime, please contact Officer CHAN Yu-hin via 2582
5192 if you have any enquiry.
Correctional Services Department
HKSAR
[5]total_caring_c
[6]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: "Preston Cheung" <[FOI #887 email]>
To: "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date: 16.11.2021 14:23
Subject: Re: Freedom of Information request - Application scope of
Prison Rules at TGCI
--------------------------------------------------------------------------
Dear Correctional Services Department,
I refer to my Access to Information request dated 4 November 2021,
available in full at
[7]https://accessinfo.hk/en/request/applica....
Pursuant to paragraph 1.16 of the Code on Access to Information, could you
please advise on the status of this request or whether your department has
received this request?
Thank you for your assistance on this.
Regards,
Preston Cheung
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #887 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://accessinfo.hk/en/help/officers
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
7. https://accessinfo.hk/en/request/applica...
8. https://accessinfo.hk/en/help/officers
