Data on length / duration of detention at MTKDC
Dear Immigration Department,
I am writing to make an information request regarding length / duration of detention at Ma Tau Kok Detention Centre (“MTKDC”). May I know,
A) Whether the Immigration Department maintains statistical information on the lengths / duration of detention at MTKDC?
B) If yes, what type of data is kept (ex. Numbers, percentages) and in what categories (ex. 1 – 6 days, 7 – 13 days, etc)
C) Would you be able to provide any of this data?
Any relevant information would be greatly appreciated. Thank you very much for your help with this inquiry.
Yours faithfully,
Gigi Lo
Our Reference: L/M (563) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
14.02.2022. 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
06.03.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (563) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 14.02.2022 and our
interim reply to you on the 19.02.2022. I hereby provide you the following
information.
Although the Immigration Department does not maintain the information you
requested, we are able to provide the following information of the Ma Tau
Kok Detention Centre (“MTKDC”), i.e., the daily average number of
detainees at the MTKDC, for the years of 2019 to 2021:
Year 2019 2020 2021
Daily average number of detainee at MTKDC 33 41 59
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thank you for your response. I would like to confirm- does the Immigration Department maintain length of detention snapshot data in Ma Tau Kok Detention Centre, similar to the data that is maintained at Castle Peak Bay Immigration Centre (example: https://accessinfo.hk/en/request/lengths...
Thank you kindly for your time and attention to this matter.
Yours faithfully,
Gigi Lo
Our Reference: L/M (566) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
11.05.2022. 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
31.05.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (566) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 11.05.2022 and our
interim reply to you on the 19.05.2022. I hereby provide you the following
information.
The Immigration Department does not maintain the statistical information
of length of detention at the Ma Tau Kok Detention Centre (“MTKDC”) over a
period of time. However, we are able to provide the detention period of
detainees at the MTKDC as at specific date. You may wish to specify the
specific date of snapshot figures you need.
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thanks for your reply. In this case, I would like to request length / duration of detention statistics at MTKDC for the end of each month between 2017 - 2022 (thus far).
Thanks for your help on this matter.
Yours faithfully,
Gigi Lo
Our Reference: L/M (571) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
06.06.2022. 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
26.06.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (571) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 06.06.2022 and our
interim reply to you on the 13.06.2022. I hereby provide you the following
information.
The length of detention statistics at Ma Tau Kok Detention Centre
(“MTKDC”) at the end of each month between June 2017 and May 2022 are
tabulated as follows:-
Number of persons in 30 31 31 30 31 30 31
custody who detention Jun Jul Aug Sep Oct Nov Dec
period in MTKDC is* 2017 2017 2017 2017 2017 2017 2017
1 to 6 days 32 32 50 39 55 47 25
7 days or above 4 7 7 6 12 2 0
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018
period in
MTKDC is
1 to 6 days 53 48 41 38 55 47 34 30 36 38 37 22
7 days or 9 5 2 1 10 3 6 6 4 2 2 0
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018
period in
MTKDC is
1 to 6 days 53 48 41 38 55 47 34 30 36 38 37 22
7 days or 9 5 2 1 10 3 6 6 4 2 2 0
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019
period in
MTKDC is
1 to 6 days 36 48 23 29 32 36 14 4 7 18 3 10
7 days or 0 7 16 16 24 22 7 0 0 0 0 0
above
Number of
persons in 31 29 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020
period in
MTKDC is
1 to 6 days 4 20 45 37 20 29 29 61 50 14 27 8
7 days or 0 0 13 0 1 3 7 9 23 26 35 35
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021
period in
MTKDC is
1 to 6 days 30 35 30 30 22 30 24 30 32 40 31 37
7 days or 23 16 28 40 44 34 28 39 34 22 22 22
above
Number of persons in 31 28 31 30 31
custody who detention Jan Feb Mar Apr May
period in MTKDC is 2022 2022 2022 2022 2022
1 to 6 days 24 10 12 20 9
7 days or above 48 11 33 35 53
* The Immigration Department (“ImmD”) does not maintain the requested
breakdown of information of persons in custody from January 2017 to May
2017
The HKSAR Government has all along strictly followed the established
detention policy, and in accordance with the relevant legal requirements
and legal principles established by the Court. In determining whether a
person should be released or detained, the ImmD will take into
consideration the facts and circumstances of the case, including whether
the person concerned has committed a serious crime; whether the person is
likely to pose a threat or security risk to the community if not being
detained; and whether there is any risk of the person absconding and/or
(re)offending, etc. ImmD will conduct regular and timely review of each
detention case in accordance with the prevailing mechanisms to determine
whether an individual should be further detained, and will notify the
person concerned in writing of the results of the review with
justifications, and conduct an interview with the person concerned to
explain the relevant situation. The duration of the detention of a person
hinges on the circumstances of individual cases and the relevant changes,
which cannot be generalized.
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thanks very much for the information provided- it's greatly appreciated.
1) The formatting in the email I received has unfortunately jumbled the text in the tables. Would it be possible to receive the data in an Excel / CSV file?
2) I note that the requested data is not available from January 2017 to May 2017. To clarify, was this because the relevant statistic was not collected prior to June 2017? On which day did the department begin collecting / recording this statistic?
Thanks very much for your help. I look forward to your response.
Yours faithfully,
Gigi Lo
Dear Immigration Department,
I am writing to inquire about the status of my information request. Please kindly see the original email dated 5 July 2022 below:
***
Dear Immigration Department,
Thanks very much for the information provided- it's greatly appreciated.
1) The formatting in the email I received has unfortunately jumbled the text in the tables. Would it be possible to receive the data in an Excel / CSV file?
2) I note that the requested data is not available from January 2017 to May 2017. To clarify, was this because the relevant statistic was not collected prior to June 2017? On which day did the department begin collecting / recording this statistic?
Thanks very much for your help. I look forward to your response.
Yours faithfully,
Gigi Lo
Dear Gigi Lo,
Thanks for your email of 21 July 2022.
You may wish to note that we did not receive the said request mentioned in
your email before. Your request, which was only received via below email
on 21 July 2022, is now under our active processing.
Best regards.
(Mr S T Lam)
for Director of Immigration
From: Gigi Lo <[FOI #974 email]>
To: FOI requests at Immigration Department <[Immigration Department request email]>
Date: 21/07/2022 17:14
Subject: [Possible SPAM] Re: Freedom of Information request –
Data on length / duration of detention at MTKDC
--------------------------------------------------------------------------
Dear Immigration Department,
I am writing to inquire about the status of my information request. Please
kindly see the original email dated 5 July 2022 below:
***
Dear Immigration Department,
Thanks very much for the information provided- it's greatly appreciated.
1) The formatting in the email I received has unfortunately jumbled the
text in the tables. Would it be possible to receive the data in an Excel /
CSV file?
2) I note that the requested data is not available from January 2017 to
May 2017. To clarify, was this because the relevant statistic was not
collected prior to June 2017? On which day did the department begin
collecting / recording this statistic?
Thanks very much for your help. I look forward to your response.
Yours faithfully,
Gigi Lo
-----Original Message-----
Our Reference: L/M (571) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 06.06.2022 and our
interim reply to you on the 13.06.2022. I hereby provide you the following
information.
The length of detention statistics at Ma Tau Kok Detention Centre
(“MTKDC”) at the end of each month between June 2017 and May 2022 are
tabulated as follows:-
Number of persons in 30 31 31 30 31 30 31
custody who detention Jun Jul Aug Sep Oct Nov Dec
period in MTKDC is* 2017 2017 2017 2017 2017 2017 2017
1 to 6 days 32 32 50 39 55 47 25
7 days or above 4 7 7 6 12 2 0
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018
period in
MTKDC is
1 to 6 days 53 48 41 38 55 47 34 30 36 38 37 22
7 days or 9 5 2 1 10 3 6 6 4 2 2 0
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018 2018
period in
MTKDC is
1 to 6 days 53 48 41 38 55 47 34 30 36 38 37 22
7 days or 9 5 2 1 10 3 6 6 4 2 2 0
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019
period in
MTKDC is
1 to 6 days 36 48 23 29 32 36 14 4 7 18 3 10
7 days or 0 7 16 16 24 22 7 0 0 0 0 0
above
Number of
persons in 31 29 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020
period in
MTKDC is
1 to 6 days 4 20 45 37 20 29 29 61 50 14 27 8
7 days or 0 0 13 0 1 3 7 9 23 26 35 35
above
Number of
persons in 31 28 31 30 31 30 31 31 30 31 30 31
custody who Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
detention 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021
period in
MTKDC is
1 to 6 days 30 35 30 30 22 30 24 30 32 40 31 37
7 days or 23 16 28 40 44 34 28 39 34 22 22 22
above
Number of persons in 31 28 31 30 31
custody who detention Jan Feb Mar Apr May
period in MTKDC is 2022 2022 2022 2022 2022
1 to 6 days 24 10 12 20 9
7 days or above 48 11 33 35 53
* The Immigration Department (“ImmD”) does not maintain the requested
breakdown of information of persons in custody from January 2017 to May
2017
The HKSAR Government has all along strictly followed the established
detention policy, and in accordance with the relevant legal requirements
and legal principles established by the Court. In determining whether a
person should be released or detained, the ImmD will take into
consideration the facts and circumstances of the case, including whether
the person concerned has committed a serious crime; whether the person is
likely to pose a threat or security risk to the community if not being
detained; and whether there is any risk of the person absconding and/or
(re)offending, etc. ImmD will conduct regular and timely review of each
detention case in accordance with the prevailing mechanisms to determine
whether an individual should be further detained, and will notify the
person concerned in writing of the results of the review with
justifications, and conduct an interview with the person concerned to
explain the relevant situation. The duration of the detention of a person
hinges on the circumstances of individual cases and the relevant changes,
which cannot be generalized.
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
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Our Reference: L/M (575) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
21.07.2022. 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
10.08.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (575) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 21.07.2022 and our
interim reply to you on 28.07.2022. I hereby provide you the following
information.
1) The length of detention statistics at MTKDC for the end of each month
between June 2017 to May 2022 are tabulated as follows:-
2) The Immigration Department does not maintained the requested breakdown
of information of persons in custody from January 2017 to May 2017 as the
data are time-expired records.
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thank you very much for the file and the information provided.
May I clarify a few items:
1) Does 'time-expired records' mean that the records were discarded or that they were not kept?
2) When did ImmD start maintaining this snapshot data on length of detention at MTKDC?
3) Is there a further breakdown of the detention length (for example, 1-3 days, 3-6 days, 7 - 14 days, etc)? Any further breakdowns, even if they are different from the examples provided, would be very helpful.
Thanks very much again for your time and help. I look forward to your response.
Yours faithfully,
Gigi Lo
Our Reference: L/M (576) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
12.08.2022. 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
01.09.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (576) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 12.08.2022 and our
interim reply to you on the 19.08.2022. I hereby provide you the
following information.
1) & 2) The concerned records have been maintained since the commencement
of operation of Ma Tau Kok Detention Centre and were disposed according to
relevant records disposal schedule.
3) The length of detention statistics at MTKDC for the end of each month
between June 2017 to May 2022 are tabulated as follows:
I hope the information is useful to you.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thank you very much for the information provided; it is much appreciated.
May I clarify,
A) What is the 'relevant records disposal schedule'?
B) Is it that records older than 5 years are deleted?
C) Is the records disposal protocol the same for both CIC and MTKDC records?
Thanks again for your assistance on this query.
Yours faithfully,
Gigi Lo
Our Reference: L/M (579) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Our department has received your application for access to information on
19.09.2022. 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
09.10.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (579) in ImmD DR/6-5/10/R
Dear Gigi Lo,
Further to our interim reply of 26 September 2022, I am writing to inform
you that your application for access to information is still under
processing, as more time is required to gather and consolidate the
information requested in your application. According to paragraph 1.18 of
the Code on Access to Information, our department will inform you of the
latest progress of the case separately on or before 8 November 2022.
If you have any enquiry, please contact the undersigned via this email.
Best regards,
CHAN, Tsz-ho
for Director of Immigration
Our Reference: L/M (579) in ImmD DR/6-5/10/R
Dear Gigi Lo,
I refer to your request for access to information on 19.09.2022 and our
interim reply to you on the 26.09.2022 and 07.10.2022. I hereby provide
you the following information.
The retention and disposal of the specific records you requested (i.e. the
snapshot of statistics relating to the length of detention in MTKDC) is
governed by the disposal schedules approved by the Government Records
Services (“GRS”). With reference to the schedules, the above-mentioned
records will be retained for five years.
In general, records in CIC and MTKDC are retained and disposed in
accordance with the schedule approved by the GRS.
I hope the information is useful to you.
Best regards,
CHAN, Tsz-ho
for Director of Immigration
