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Detention in the Ma Tau Kok Detention Centre

Preston made this Freedom of Information request to Immigration Department

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Director of Immigration,

I refer to the following request.

https://accessinfo.hk/zh_HK/request/crit...

You replied that the Ma Tau Kok Detention Centre is an immigration facility for short-term
detention of immigration offenders pending inquiry, prosecution, court hearing, transfer to other detention facilities etc.

How do you define "short-term detention"? Is there any detention limit in the Ma Tau Kok Detention Centre? Is it lawful to detain non-refoulement claimants in the Ma Tau Kok Detention Centre? Any case before?

Preston

KW15 WONG, Immigration Department

Our Reference: L/M (514) in ImmD DR/6-5/10/R

Dear Preston,
Our department has received your application for access to information on
22.7.2021.  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
11.8.2021.  In the meantime, please contact the undersigned via this email
if you have any enquiry.

Best regards,

WONG Ka-wai
for Director of Immigration

KW15 WONG, Immigration Department

Our Reference: L/M (514) in ImmD DR/6-5/10/R

Dear Preston,
I refer to your request for access to information on 22.7.2021 and our
interim reply to you on 30.7.2021.  The requested information is provided
below.
Persons detained under the provision under the Immigration Ordinance (Cap.
115) and the Immigration Service Ordinance (Cap. 331) may be detained in
places specified in the Immigration (Places of Detention) Order (Cap.
115B) and Immigration Service (Designated Places) Order (Cap. 331B)
respectively.  All immigration offenders, regardless of whether they are
claimants or not, may be detained under the said ordinances.  Ma Tau Kok
Detention Centre ("MTKDC") is a place of detention specified in the said
orders and is designed for short-term detention of persons pending
inquiry, prosecution, court hearing, etc. (generally not more than 48
hours).

I hope the information is useful to you.

Best regards,

WONG Ka-wai
for Director of Immigration

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