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Detention policy as of August 2021

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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: 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 (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

Records and Data Management Section, Immigration Department

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

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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 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

Records and Data Management Section, Immigration Department

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

Immigration Department

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

5 Attachments

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...
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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

We don't know whether the most recent response to this request contains information or not – if you are Preston Cheung please sign in and let everyone know.