Data on reasons of detention at MTKDC
Dear Immigration Department,
I am writing to make a data access request regarding reasons of detention at Ma Tau Kok Detention Centre. May I know,
A) Whether data on reasons of detention is maintained (ex. As a category under total admissions, end of year population, etc)
B) If yes, I) what type of data is maintained and II) since when this data was maintained
Thank you for your help.
Yours faithfully,
Surabhi Chopra
Our Reference: L/M (556) in ImmD DR/6-5/10/R
Dear Surabhi Chopra,
Our department has received your application for access to information on
20.12.2021. 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
09.01.2022. 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 (556) in ImmD DR/6-5/10/R
Dear Surabhi Chopra,
I refer to your request for access to information on 20.12.2021 and our
interim reply to you on the 24.12.2021. I hereby provide you with the
following information.
The Ma Tau Kok Detention Centre ("MTKDC") is an Immigration facility for
short-term detention of immigration offenders pending inquiry,
prosecution, court hearing or transfer to other detention facilities.
Pursuant to the prevailing detention policy by the HKSAR Government, in
determining whether a person should be released or detained, the Secretary
for Security / Director of Immigration will take into consideration all
the relevant circumstances of the case, including: (i) whether the
person's removal is going to be possible within a reasonable time; (ii)
whether that person poses, or is likely to pose, a threat or security risk
to the community; (iii) whether there is any risk of that person's
absconding and / or (re)offending; (iv) whether that person's identity is
resolved or satisfied to be genuine; (v) whether that person has close
connection or fixed abode in Hong Kong; and (vi) whether there are other
circumstances in favour of release. The mere presence of a particular
factor does not automatically lead to detention or release. The factors
will be considered in the context of all the circumstances of the case.
Each case is to be considered on its own facts and merits and detention
will be kept under regular review and will be reviewed when there is a
material change of circumstances.
The Immigration Department does not maintain the requested statistics of
reasons of detention at the MTKDC.
I hope the information is useful to you.
Best regards,
CHAN, Tsz-ho
for Director of Immigration
