Body cavity searches performed by C&ED

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Customs & Excise Department
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In response to:

Freedom of Information request - Body cavity searches performed by C&ED

[FOI #609 email]
to:
[Customs and Excise Department request email]
13.04.2021 13:36
Show Details

Dear Customs and Excise Department,
I would appreciate if you could provide information on the following, for
each year from 2010 – 2020:
(1) The number of body cavity searches performed by C&ED officers
(2) The number of body cavity searches performed by medical officers
(3) The sex of the person subjected to body cavity searches (e.g. male,
female, transgender)
(4) The ethnicity of the person subjected to body cavity searches
(5) The age of the person subjected to body cavity searches (below 18, 18
– 30, 31-40, 41-50, 51-60, 61-70, 71-80, Above 80 or other categories as
appropriate)
(6) The location of the body cavity search
(7) The type of body cavity search (e.g. intrusion of the rectum,
intrusion of the vagina, intrusion of multiple cavities, and other
categories as appropriate)
(8) The justification for performing body cavity searches (e.g.
investigation of dangerous drugs cases and other categories as appropriate)
(9) The number of complaints against C&ED in relation to body cavity
searches
(10) The outcome of such complaints under (9) (e.g. substantiated,
withdrawn, and other categories as appropriate)
(11) The number of civil claims brought against the C&ED in relation to
body cavity searches
(12) The outcome of such civil claims under (11) (e.g. withdrawn, settled
out-of-court, proceed to trial, ongoing, and other categories as
appropriate)

Thank you very much for your assistance.

Kind Regards,
Rachel Li

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Dear Ms Li,

Our department has received your application for access to information on
13 April 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 3
May 2021. In the meantime, please contact me at 3759 3881 if you have any
enquiry.

Regards,
John CHAN
Access to Information Officer
Customs and Excise Department

*Para. 1.16 of the "Code on Access to Information": Where possible,
information will be made available within ten days of receipt of a written
request. If that is not possible, the applicant will be so advised by an
interim reply within ten days of receipt of the request. The target
response time will then be twenty-one days from receipt of the request.

From: Rachel Li <[FOI #609 email]>
To: FOI requests at Customs and Excise Department
<[Customs and Excise Department request email]>
Date: 13/04/2021 13:36
Subject: Freedom of Information request - Body cavity searches
performed by C&ED

--------------------------------------------------------------------------

Dear Customs and Excise Department,
I would appreciate if you could provide information on the following, for
each year from 2010 – 2020:
(1) The number of body cavity searches performed by C&ED
officers
(2) The number of body cavity searches performed by
medical officers
(3) The sex of the person subjected to body cavity
searches (e.g. male, female, transgender)
(4) The ethnicity of the person subjected to body cavity
searches
(5) The age of the person subjected to body cavity
searches (below 18, 18 – 30, 31-40, 41-50, 51-60, 61-70, 71-80, Above 80
or other categories as appropriate)
(6) The location of the body cavity search
(7) The type of body cavity search (e.g. intrusion of the
rectum, intrusion of the vagina, intrusion of multiple cavities, and other
categories as appropriate)
(8) The justification for performing body cavity searches
(e.g. investigation of dangerous drugs cases and other categories as
appropriate)
(9) The number of complaints against C&ED in relation to
body cavity searches
(10) The outcome of such complaints under (9) (e.g.
substantiated, withdrawn, and other categories as appropriate)
(11) The number of civil claims brought against the C&ED
in relation to body cavity searches
(12) The outcome of such civil claims under (11) (e.g.
withdrawn, settled out-of-court, proceed to trial, ongoing, and other
categories as appropriate)

Thank you very much for your assistance.

Kind Regards,
Rachel Li

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #609 email]

Is [Customs and Excise Department request email] the wrong address for Freedom of
Information requests to Customs and Excise Department? If so, please
contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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.

-------------------------------------------------------------------

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References

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Dear Ms Li,

Thank you for the application for access to information submitted on 13
April 2021.

In the course of Customs and Excise Department (“C&ED”)’s investigations,
any body cavity searches, if deemed necessary, shall be performed by
medical officers. C&ED do not maintain figures of such searches. There
are also no civil claims brought against C&ED in relation to body cavity
searches. There is one unsubstantiated complaint against C&ED in relation
to body cavity searches from 2010 to 2020.