Dear Preston,
We refer to your email dated 2 August 2021

You may wish to note that part of your requested information (copied as
below) falls within the purview of Correctional Services Department.  

"(4)(iii) the current Operational Manuals of the Tai Tam Gap Correctional
Institution"

In this regards, your consent is required before we transfer this part of
request to the Correctional Services Department for their reply.  Your
reply by 10 August 2021 is much appreciated.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Preston Cheung <[FOI #704 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        02/08/2021 13:47
Subject:        [Possible SPAM] Freedom of Information request - Detention
policy as of August 2021

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

Dear Immigration Department,

I would appreciate if you could provide information on the
policies/guidelines/operational manuals which govern immigration detention
as set out by the Immigration Ordinance, in response to the following
questions:

(1) Could you please provide a copy of the detention policies currently in
force to govern immigration detention? Relevant ImmD press release:
[1]https://www.immd.gov.hk/eng/press/press-...

(2) Could you please indicate if these policies have been updated per the
Immigration (Amendment) Ordinance 2021 that has come into force on 1
August 2021? If so, please specify the updates made.

(3) Could you please indicate if there are other guidelines issued to the
staff of the Immigration Department concerning the implementation of the
detention policies? If so, please provide a copy of such guidelines.

(4) Could you please provide the current Operational Manuals of (i) the
Castle Peak Bay Immigration Centre, (ii) the Ma Tau Kok Detention Centre,
and (iii) the Tai Tam Gap Correctional Institution?

(5) Per the Government's press release
([2]https://www.info.gov.hk/gia/general/2021...), the
Tai Tam Gap Correctional Institution is "used for the detention of
non-refoulement claimants", but this facility is not specified in Sch. 3
of the Immigration (Places of Detention) Order (Cap. 115 sub leg B).

Could you please confirm if persons detained in the Tai Tam Gap
Correctional Institution are subject to rules 189 to 207 (inclusive) of
the Prison Rules (Cap. 234 sub. leg. A), pursuant to para. 3 of the
Immigration (Places of Detention) Order (Cap. 115 sub leg. B)? If not,
could you please provide for the ordinance/subsidiary legislation that
specifies the treatment of persons detained in the Tai Tam Gap
Correctional Institution?

Thank you very much for your assistance in this matter.

Kind regards,
Preston Cheung

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

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 #704 email]

Is [Immigration Department request email] the wrong address for Freedom of Information requests to
Immigration Department? If so, please contact us using this form:
[3]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:
[4]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
1. https://www.immd.gov.hk/eng/press/press-...
2. https://www.info.gov.hk/gia/general/2021...
3. https://accessinfo.hk/en/change_request/...
4. https://accessinfo.hk/en/help/officers

Dear Preston,
Thanks for your email dated 6 August 2021.

Please be informed that pursuant to your consent given, the concerning
part of your request (i.e.(4)(iii) of your email dated 2 August 2021) has
been transferred to the Correction Services Department today. Regarding
the rest of the requested information, 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 22 August 2021.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Preston Cheung <[FOI #704 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        06/08/2021 15:37
Subject:        [Possible SPAM] Re: Freedom of Information request -
Detention policy as of August 2021

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

Dear Records and Data Management Section,

Dear Mr Fung,

You have my consent to redirect the mentioned part of the request to the
CSD. I look forward to receiving your substantive reply on the rest of my
information request soon.

Thanks very much.

Kind regards,

Preston Cheung

show quoted sections

Our ref. : ImmD RM/6-5/10/2021/439(R)

Dear Preston,
 

I refer to you your application for access to information received on 2
August 2021 and our email correspondences of 6 August 2021.

As your request for information involves consultation with various parties
concerned, we are unable to provide you with the information sought at
this stage.  Pursuant to paragraph 1.18 of the Code on Access to
Information, you will be advised further in relation to your request on or
before 21 September 2021.

Should you have any questions in the meantime, please contact the
undersigned at 2829 4148.

Thank you for your kind attention.

Regards,

LEUNG Noel

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

Dear Preston Cheung,

I refer to your application for access to information and our interim
reply to you on 3.9.2021.  

Your application is still under processing.  Please be informed that a
consolidated reply will be made to you by Immigration Department on or
before 21.9.2021.

In the meantime, please contact Principal Officer WU Yu-shing at 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:        [FOI #704 email]
Date:        03.09.2021 16:51
Subject:        Freedom of Information request - Detention policy as of
August

show quoted sections

Our ref. : ImmD RM/6-5/10/2021/439(R)

Dear Mr. Preston Cheung,

I refer to your request for information under the Code on Access to
Information dated 2 August 2021 and our interim reply of 6 August 2021.  I
hereby provide you the following information.

Question (1): Could you please provide a copy of the detention policies
currently in force to govern immigration detention? Relevant ImmD press
release: [1]https://www.immd.gov.hk/eng/press/press-...

Question (2): Could you please indicate if these policies have been
updated per the Immigration (Amendment) Ordinance 2021 that has come into
force on 1 August 2021? If so, please specify the updates made.

Legislative amendments in relation to section 32 and section 37ZK of the
Immigration Ordinance, Cap. 115 can be found at the link below.

[2]https://elegislation.doj.ccgo.hksarg/ega...

Upon commencement of the Immigration (Amendment) Ordinance 2021, the
aforesaid legislative amendments have been incorporated in the prevailing
detention policies, which can be found at the following links.

[3]https://www.immd.gov.hk/pdf/Detention%20... (for Section
32 of Cap. 115)

[4]https://www.immd.gov.hk/pdf/Detention_po... (for Section 37ZK
of Cap. 115)

Question (3): Could you please indicate if there are other guidelines
issued to the staff of the Immigration Department concerning the
implementation of the detention policies? If so, please provide a copy of
such guidelines.

According to the prevailing detention policies, while determining whether
an individual should be detained, all the facts and circumstances of the
particular case will be considered.  Review of each detention case will be
conducted regularly and timely, in accordance with the prevailing
mechanisms to determine whether an individual should be further detained,
and the person concerned will be notified in writing of the results of the
review with justifications.  An interview with the person concerned will
be conducted to explain the relevant situation.  The above considerations
and arrangements continue to be in place after commencement of the
Immigration (Amendment) Ordinance 2021.

Question (4): Could you please provide the current Operational Manuals of
(i) the Castle Peak Bay Immigration Centre, (ii) the Ma Tau Kok Detention
Centre, and (iii) the Tai Tam Gap Correctional Institution?

Question (5): Per the Government's press release

([5]https://www.info.gov.hk/gia/general/2021...), the
Tai Tam Gap Correctional Institution is "used for the detention of
non-refoulement claimants", but this facility is not specified in Sch. 3
of the Immigration (Places of Detention) Order (Cap. 115 sub leg B). Could
you please confirm if persons detained in the Tai Tam Gap Correctional
Institution are subject to rules 189 to 207 (inclusive) of the Prison
Rules (Cap. 234 sub. leg. A), pursuant to para. 3 of the Immigration
(Places of Detention) Order (Cap. 115 sub leg. B)? If not, could you
please provide for the ordinance/subsidiary legislation that specifies the
treatment of persons detained in the Tai Tam Gap Correctional Institution?

The operation manuals of the Castle Peak Bay Immigration Centre and Ma Tau
Kok Detention Centre are attached below.

On question (4) (iii) and (5), we have consulted the Correctional Services
Department (CSD).  The Tai Tam Gap Correctional Institution is currently
under the management of CSD.

As the Tai Tam Gap Correctional Institution is set apart for the purposes
of prison under the Prisons Ordinance (Cap. 234) and is specified in the
Schedule to the Prisons Order (Cap. 234B), it falls within the definition
of the places specified in Schedule 1 to the Immigration (Places of
Detention) Order (Cap. 115, section 35(1)), which is one of the places at
which a person may be detained under the Immigration Ordinance (Cap. 115).
 Pursuant to Section 3 of the Immigration (Places of Detention) Order
(Cap. 115, section 35(1)), a person detained therein (e.g. non-refoulement
claimants being 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. 

I hope the above information is useful to you.

Access to Information Officer, Immigration Department

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [6]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

show quoted sections

Dear Sir/ Madam,

Our department has received your application for access to information on
6.10.2021.  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
26.10.2021.  In the meantime, please contact Principal Officer WU Yu-shing
via 2582 5234 should 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:        "Preston Cheung" <[FOI #704 email]>
To:        "email CSD" <[email address]>
Date:        06.10.2021 13:22
Subject:        Re: Freedom of Information request - Detention policy as
of August

show quoted sections

Please use this email address for all replies to this request:

[FOI #704 email]

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

[5]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
3. https://accessinfo.hk/en/request/detenti...
4. https://csdportal.csd.hksarg/images/cari...
5. https://accessinfo.hk/en/help/officers

Dear Preston Cheung,

I refer to your application for access to information under the Code on
Access to Information ("the Code") to this Department on 6.10.2021 and our
interim reply to you on 15.10.2021.

In respect of your request for the Operational Manual of Tai Tam Gap
Correctional Institution, please be informed that such request could not
be acceded to pursuant to paragraph 1.14 of the Code.

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 #704 email]>
Date:        15.10.2021 14:56
Subject:        Re: Freedom of Information request - Detention policy as
of August

show quoted sections

Dear Correctional Services Department ,

I refer to the Immigration Department's reply dated 21 September 2021,
available at
[5]https://accessinfo.hk/en/request/detenti....

In relation to question (4) (iii) in my initial request dated 2 August
2021, requesting a copy of the Operational Manual of the Tai Tam Gap
Correctional Institution, could you please advise on the status of this
request?

Per CSD's Annual Review in 2019, "[t]he Management Services Sub-unit
constantly reviews legislation within the Department’s purview,
departmental standing orders and operational manuals to ensure that
operational needs and demands arising from the changing environment in
society can be met."

Pursuant to paragraph 1.13 of the Code on Access to Information, I hereby
request a copy of the existing Operational Manual of the Tai Tam Gap
Correctional Institution.

Thank you for assistance on this.

Kind regards,

Preston Cheung

show quoted sections

Dear Preston,

Your email of 27.10.2021 refers.  Please be informed that your request is
being processed.  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 16.11.2021.  In the meantime, please contact
the undersigned via 2582 5192 if you have any enquiry.  

Best Regards,
CHAN Yu-hin
Officer (Penal Operations)
Headquarters
Hong Kong Correctional Services Department
Tel: 2582 5192

 
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 #704 email]>
To:        "email CSD" <[email address]>
Date:        27.10.2021 12:32
Subject:        Re: Freedom of Information request - Detention policy as
of August

show quoted sections

Please use this email address for all replies to this request:

[FOI #704 email]

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

[3]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
1. https://csdportal.csd.hksarg/images/cari...
2. https://accessinfo.hk/en/request/detenti...
3. https://accessinfo.hk/en/help/officers

Dear Preston Cheung,
I refer to your application for access to information under the Code on
Access to Information ("the Code") to this Department on 27.10.2021 and
our interim reply to you on 5.11.2021.

Please be informed that the information you requested; namely "Operational
Manuel of the Tai Tam Gap Correctional Institution" does not exist, thus
your request could not be acceded to pursuant to para. 1.14 of the Code.

Tai Tam Gap Correctional Institution is managed pursuant to Rule 2 of
Prison Rules (Cap. 234A), which is applicable to persons detained under
Immigration Ordinance (Cap. 115) as specified in Rule 188(1)(ea) of Prison
Rules.

You may make reference to relevant provision of Prison Rules for more
information.

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:        YH_05 CHAN/CSD/HKSARG
To:        [FOI #704 email]
Cc:        [email address]
Date:        05.11.2021 19:24
Subject:        轉寄: Re: Freedom of Information request - Detention
policy as of August

show quoted sections

Dear Correctional Services Department,

I refer to your reply dated 26 October 2021, contending that the CSD could
not provide a copy of the Operational Manual of the Tai Tam Gap
Correctional Institution, pursuant to paragraph 1.14 of the Code on Access
to Information.

As set out by  paragraph 1.14 of the Code,  "an applicant for information
will, where possible, be directed to the appropriate source of the
information" in the circumstances specified in the same paragraph. Could
you please advise on the following:

(a) Whether such information is already published, either free or at a
charge;

(b) Whether such information is available through an existing charged
service;

(c) Whether such information is not in the CSD's possession, and;

(d) Whether such information does not exist.

If either (a) or (b) is true, please direct me to the appropriate source
of the information. If either (c) or (d) is true, please provide a copy of
any guideline/document issued by the CSD for the management of the Tai Tam
Gap Correctional Institution, pursuant to paragraph 1.13 of the Code.

Thank you.

Regards,

Preston Cheung

show quoted sections