Dear Security Bureau,

I am writing to make a data access request regarding detention reviews conducted by the Immigration Department and Secretary for Security in Tai Tam Gap Correctional Institution. May I know in relation to detention reviews:

A) Which department / public authority is responsible for conducting detention reviews?
B) How soon after a person is detained does a detention review for that person’s detention take place?
C) What is the time interval (in days, weeks, or months) between detention reviews for a person detained in Tai Tam Gap Correctional Institution, i.e., how frequently do detention reviews take place?
D) What are the criteria and/or factors and/or guidelines and/or policy that are considered when conducting a detention review?
E) What rank of officials are authorized to conduct a detention review?
F) How many officials are involved in conducting a single detention review?
G) Is the individual whose detention is being reviewed informed in advance of a detention review that such a review is going to be conducted?
H) Is the decision made during the detention review communicated to the individual who was the subject of the review?
I) If yes, how is the decision made during the detention review communicated to the individual who was the subject of the review?

Yours faithfully,

Raquel Amador

Security Bureau

Dear Ms Amador,

Our bureau has received your application for access to information on 23
December 2021.  Your application is still under processing.  According to
paragraph 1.16 of the Code of Access to Information, our bureau will
inform you of the latest progress of the case separately on or before 12
January 2022.  However, please be informed that all information requested
(save for Questions E and F which our bureau may  be involved) is under
the purview of Immigration Department.  If you would like us to refer your
request to Immigration Department for handling, please let us know by
replying this email.

Security Bureau

From:        Raquel Amador <[FOI #935 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        23/12/2021 12:16
Subject:        Freedom of Information request - Detention reviews at
TTGCI

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

Dear Security Bureau,

I am writing to make a data access request regarding detention reviews
conducted by the Immigration Department and Secretary for Security in Tai
Tam Gap Correctional Institution. May I know in relation to detention
reviews:

A)                 Which department / public authority is responsible for
conducting detention reviews?

B)                 How soon after a person is detained does a detention
review for that person’s detention take place?

C)                 What is the time interval (in days, weeks, or months)
between detention reviews for a person detained in Tai Tam Gap
Correctional Institution, i.e., how frequently do detention reviews take
place?

D)                 What are the criteria and/or factors and/or guidelines
and/or policy that are considered when conducting a detention review?

E)                 What rank of officials are authorized to conduct a
detention review?

F)                 How many officials are involved in conducting a single
detention review?

G)                 Is the individual whose detention is being reviewed
informed in advance of a detention review that such a review is going to
be conducted?

H)                 Is the decision made during the detention review
communicated to the individual who was the subject of the review?

I)                 If yes, how is the decision made during the detention
review communicated to the individual who was the subject of the review?

Yours faithfully,

Raquel Amador

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

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 #935 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:

[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
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[2]https://accessinfo.hk/en/help/officers

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References

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1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Security Bureau

Dear Ms Amador,

Our bureau has received your application for access to information on 23
December 2021.  Your application is still under processing.  According to
paragraph 1.16 of the Code of Access to Information, our bureau will
inform you of the latest progress of the case separately on or before 12
January 2022.  However, please be informed that all information requested
(save for Questions E and F which our bureau may  be involved) is under
the purview of Immigration Department.  If you would like us to refer your
request to Immigration Department for handling, please let us know by
replying this email.  

Security Bureau

From:        Raquel Amador <[FOI #935 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        23/12/2021 12:16
Subject:        Freedom of Information request - Detention reviews at
TTGCI

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

Dear Security Bureau,

I am writing to make a data access request regarding detention reviews
conducted by the Immigration Department and Secretary for Security in Tai
Tam Gap Correctional Institution. May I know in relation to detention
reviews:

A)                 Which department / public authority is responsible for
conducting detention reviews?

B)                 How soon after a person is detained does a detention
review for that person’s detention take place?

C)                 What is the time interval (in days, weeks, or months)
between detention reviews for a person detained in Tai Tam Gap
Correctional Institution, i.e., how frequently do detention reviews take
place?

D)                 What are the criteria and/or factors and/or guidelines
and/or policy that are considered when conducting a detention review?

E)                 What rank of officials are authorized to conduct a
detention review?

F)                 How many officials are involved in conducting a single
detention review?

G)                 Is the individual whose detention is being reviewed
informed in advance of a detention review that such a review is going to
be conducted?

H)                 Is the decision made during the detention review
communicated to the individual who was the subject of the review?

I)                 If yes, how is the decision made during the detention
review communicated to the individual who was the subject of the review?

Yours faithfully,

Raquel Amador

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

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 #935 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:

[1]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:

[2]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://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Dear Security Bureau,

Thank you for your response. Please forward the relevant questions to the Immigration Department. Thank you for your help.

Yours faithfully,

Raquel Amador

Records and Data Management Section,

Dear Raquel Amador,
                 
We refer to your email request to Security Bureau dated 23 December 2021,
which was further forwarded to us for handling by Security Bureau on 30
December 2021 after consent from you was received via email on the same
day.  

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 19 January 2022.
Regards

(Mr. W M Fung)
for Director of Immigration

From:        Raquel Amador <[FOI #935 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        30/12/2021 11:41
Subject:        Re: Freedom of Information request - Detention reviews at
TTGCI

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

Dear Security Bureau,

Thank you for your response. Please forward the relevant questions to the
Immigration Department. Thank you for your help.

Yours faithfully,

Raquel Amador

show quoted sections

Security Bureau

Dear Ms Amador,

Further to our reply on 30 December 2021, our response to Questions E & F
of your follow-up request sent to us on 30 December 2021 are as follows.
 For other Questions in your request, we have referred to the Immigration
Department for attention and they will reply you separately.  

The Immigration Ordinance (Cap. 115) specifically sets out, among others,
that a person liable to be removed may be detained under the authority of
the Secretary for Security, Director of Immigration, Deputy Director of
Immigration or any Assistant Director of Immigration, etc. for different
statutory purposes.  Detention will be kept under regular review and, if
there is a material change of circumstances, be reviewed by the approving
authority or his/her delegated authority.

Security Bureau

===============================================================================================

From:        SB-AIOREQ/SB/HKSARG
To:        Raquel Amador <[FOI #935 email]>,
Date:        30/12/2021 09:31
Subject:        Re: Freedom of Information request - Detention reviews at
TTGCI

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

Dear Ms Amador,

Our bureau has received your application for access to information on 23
December 2021.  Your application is still under processing.  According to
paragraph 1.16 of the Code of Access to Information, our bureau will
inform you of the latest progress of the case separately on or before 12
January 2022.  However, please be informed that all information requested
(save for Questions E and F which our bureau may  be involved) is under
the purview of Immigration Department.  If you would like us to refer your
request to Immigration Department for handling, please let us know by
replying this email.

Security Bureau

From:        Raquel Amador <[FOI #935 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        23/12/2021 12:16
Subject:        Freedom of Information request - Detention reviews at
TTGCI

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

Dear Security Bureau,

I am writing to make a data access request regarding detention reviews
conducted by the Immigration Department and Secretary for Security in Tai
Tam Gap Correctional Institution. May I know in relation to detention
reviews:

A)                 Which department / public authority is responsible for
conducting detention reviews?

B)                 How soon after a person is detained does a detention
review for that person’s detention take place?

C)                 What is the time interval (in days, weeks, or months)
between detention reviews for a person detained in Tai Tam Gap
Correctional Institution, i.e., how frequently do detention reviews take
place?

D)                 What are the criteria and/or factors and/or guidelines
and/or policy that are considered when conducting a detention review?

E)                 What rank of officials are authorized to conduct a
detention review?

F)                 How many officials are involved in conducting a single
detention review?

G)                 Is the individual whose detention is being reviewed
informed in advance of a detention review that such a review is going to
be conducted?

H)                 Is the decision made during the detention review
communicated to the individual who was the subject of the review?

I)                 If yes, how is the decision made during the detention
review communicated to the individual who was the subject of the review?

Yours faithfully,

Raquel Amador

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

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 #935 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:

[1]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:

[2]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://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Records and Data Management Section,

Dear Raquel Amador,
                 
Further to our interim reply on 7 January 2022, we are now able to give
you a substantive reply.

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 detained or released on recognizance, the Government 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. The Immigration Ordinance specifically sets out, among others,
that a person liable to be removed may be detained under the authority of
the Secretary for Security, Director of Immigration, Deputy Director of
Immigration or any Assistant Director of Immigration, etc. for different
statutory purposes under respective provisions of the Immigration
Ordinance.  

Detention will be kept under regular review and will be reviewed when
there is a material change of circumstances.  The person concerned will be
notified in writing of the results of the review with justifications, and
an interview will be conducted with the person concerned to explain the
relevant situation.

For details on the detention policy, please refer to ImmD’s website vide:
[1]https://www.immd.gov.hk/eng/useful_infor...

We hope the above information is useful to you.
 
Best regards

Access to Information Officer
Immigration Department

References

Visible links
1. https://www.immd.gov.hk/eng/useful_infor...

Records and Data Management Section,

Dear Raquel Amador,
                 
Further to our interim reply on 7 January 2022, we are now able to give
you a substantive reply.

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 detained or released on recognizance, the Government 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. The Immigration Ordinance specifically sets out, among others,
that a person liable to be removed may be detained under the authority of
the Secretary for Security, Director of Immigration, Deputy Director of
Immigration or any Assistant Director of Immigration, etc. for different
statutory purposes under respective provisions of the Immigration
Ordinance.  

Detention will be kept under regular review and will be reviewed when
there is a material change of circumstances.  The person concerned will be
notified in writing of the results of the review with justifications, and
an interview will be conducted with the person concerned to explain the
relevant situation.

For details on the detention policy, please refer to ImmD’s website vide:
[1]https://www.immd.gov.hk/eng/useful_infor...

We hope the above information is useful to you.
 
Best regards

Access to Information Officer
Immigration Department

References

Visible links
1. https://www.immd.gov.hk/eng/useful_infor...

Records and Data Management Section,

Dear Raquel Amador,
                 
Further to our interim reply on 7 January 2022, we are now able to give
you a substantive reply.

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 detained or released on recognizance, the Government 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. The Immigration Ordinance specifically sets out, among others,
that a person liable to be removed may be detained under the authority of
the Secretary for Security, Director of Immigration, Deputy Director of
Immigration or any Assistant Director of Immigration, etc. for different
statutory purposes under respective provisions of the Immigration
Ordinance.  

Detention will be kept under regular review and will be reviewed when
there is a material change of circumstances.  The person concerned will be
notified in writing of the results of the review with justifications, and
an interview will be conducted with the person concerned to explain the
relevant situation.

For details on the detention policy, please refer to ImmD’s website vide:
[1]https://www.immd.gov.hk/eng/useful_infor...

We hope the above information is useful to you.
 
Best regards

Access to Information Officer
Immigration Department

References

Visible links
1. https://www.immd.gov.hk/eng/useful_infor...

Dear Immigration Department,

Thank you for your reply. To clarify, may I know, since immigration detainees at TTGCI are held under immigration powers but managed by the Correctional Services Department, are detention reviews conducted by Immigration Department staff or Correctional Services Department staff?

Thank you for your help.

Yours sincerely,

Raquel Amador

Security Bureau

[Attn.: Raquel Amador]

Dear Sir/Madam,

We refer to your e-mails dated 17 February 2022.  
Please note that the matter raised in your e-mail has been receiving our
attention and we will revert to you in due course.

Yours faithfully,

( PS LAW )
for Director of Immigration

Security Bureau

Our ref.: L/M (13) in ImmD RALRS/6-5/2/R Pt.II

Dear Raquel Amador,

We refer to your application for access to information of 17 February
2022, further to our interim reply of 28 February 2022, please find below
the information as requested.

Detention will be reviewed by the Security Bureau or Immigration
Department pursuant to the authority under respective provisions of the
Immigration Ordinance.

Best Regards,

(LAM Wai-yee)
for Director of Immigration