'Detention' statistic in ImmD Annual Reports

H. Y. Fung made this Freedom of Information request to Immigration Department

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Dear Immigration Department,

I am writing to make an information access request about the number of ‘Detention’ cases as listed in Appendix 13 of the Immigration Department Annual Reports (for example: https://www.immd.gov.hk/publications/a_r...).

May I know,

1. Does each ‘case’ equate to an individual? For example, in the following scenarios:

A) If a person was admitted to Ma Tau Kok Detention Centre (MTKDC) for two days in Jan 2019, and then transferred to Castle Peak Bay Immigration Centre (CIC) for one month in Jan – Feb 2019, would they be registered as one detention case in the ’Detention’ cases?

B) If a person was admitted to CIC in 2018, then released on recognisance due to their non-refoulement claim the same year, and re-admitted to CIC in 2020, would they be counted as one detention case in 2018 and one detention case in 2020?

C) If a person was admitted to CIC in Jan 2019 and released on recognisance, then readmitted to CIC in Dec 2019, would they be counted as one or two detention cases in 2019?

D) If a person was admitted to CIC in Dec 2018, then released on recognisance in Feb 2019, and readmitted to CIC in Aug 2019, would they be counted as one detention case in 2018 and one case in 2019, or one detention case in 2018 and two in 2019?

2. Does the ‘detention’ statistic include cases of immigration detention across all locations listed in Immigration (Places of Detention) Order (Cap. 115B) (https://www.elegislation.gov.hk/hk/cap115B), or only certain institutions, such as CIC and MTKDC?

A) For example, would persons detained under immigration powers at places listed in Cap. 115B such as Kai Tak Cruise Terminal, Tuen Mun Children and Juvenile Home, “Any police station”, and Custodial wards of the Queen Mary Hospital and Queen Elizabeth Hospital be included in this statistic?

B) Does the ‘detention’ statistic include immigration detainees held at Tai Tam Gap Correctional Institution?

Thanks very much for your time and help on this matter. I look forward to your response.

Kind regards,
H. Y. Fung

Immigration Department

Our Reference: L/M (3) in ImmD ORS/6-5/2 (C) Pt.4

Dear H. Y. Fung,

Our  department  has received your application for access to information
on 15  November 2022.  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 5 December  2022.  In  the meantime, please contact the
undersigned via this email if you have any enquiry.

Best Regards,

CHAN Siu-kit
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.

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

<Important Notice>
In processing your enquiry, collection of personal data may be required.
Personal data so collected will be transferred to the relevant sections of
the Immigration Department for follow up actions. The provision of
personal data is voluntary. If you do not provide such data, we may not be
able to process your enquiry. You have the right to request access to or
correction of your personal data as provided, and the request should be
addressed to : Chief Immigration Officer (Information and Liaison)
Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong. You may also
browse information relating to the ��Statement of Privacy Policy and
Practice�� of the Immigration Department in our Homepage at
http://www.immd.gov.hk/ehtml/statement.htm

This e-mail message (together with any attachments) is for the designated
recipient only. It may contain information that is privileged for the
designated recipient. If you are not the intended recipient, you are
hereby notified that any use, retention, disclosure, copying, printing,
forwarding or dissemination of the message is strictly prohibited. If you
have received the message in error, please erase all copies of the message
(including attachments) from your system and notify us immediately.

References

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Immigration Department

Our Reference: L/M (3) in ImmD ORS/6-5/2 (C) Pt.4

Dear H. Y. Fung,

Further  to  the  interim reply on 24 November 2022, I am writing to
inform
you  that  your  application  for  Access  to  Information  is  still
under
processing,  as  more  time  is  required  to  gather  and  consolidate
the
information  requested in your application.  According to paragraph 1.18
of
the  Code  on  Access to Information, our department will inform you of
the
latest progress of the case separately on or before 4 January 2023.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHAN Siu-kit
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.

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

<Important Notice>
In processing your enquiry, collection of personal data may be required.
Personal data so collected will be transferred to the relevant sections of
the Immigration Department for follow up actions. The provision of
personal data is voluntary. If you do not provide such data, we may not be
able to process your enquiry. You have the right to request access to or
correction of your personal data as provided, and the request should be
addressed to : Chief Immigration Officer (Information and Liaison)
Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong. You may also
browse information relating to the ��Statement of Privacy Policy and
Practice�� of the Immigration Department in our Homepage at
http://www.immd.gov.hk/ehtml/statement.htm

This e-mail message (together with any attachments) is for the designated
recipient only. It may contain information that is privileged for the
designated recipient. If you are not the intended recipient, you are
hereby notified that any use, retention, disclosure, copying, printing,
forwarding or dissemination of the message is strictly prohibited. If you
have received the message in error, please erase all copies of the message
(including attachments) from your system and notify us immediately.

References

Visible links
1. https://www.youtube.com/playlist?list=PL...

hide quoted sections

Immigration Department

Our Reference: L/M (3) in ImmD ORS/6-5/2 (C) Pt.4

Dear H. Y. Fung,

I refer to your application for access to information submitted on 15
November 2022 and our interim replies on 24 November 2022 and 5 December
2022.  

The “Detention” statistics in Appendix 13 of the Immigration Department
Annual Report (the “Detention” statistics) refers to the number of
detentions for or arising from inquiries and investigation into suspected
offences under the Immigration Ordinance or the Immigration Service
Ordinance.  It refers to neither a case nor an individual detained at
certain place of detention.

As such, the “Detention” statistics includes the number of detention for
the above said purposes at Castle Peak Bay Immigration Centre and Ma Tau
Kok Detention Centre as well as at other designated places of detention.
 However, we do not maintain the breakdown of the “Detention” statistics
by places of detention.

I hope the information is useful to you.

Best Regards,

CHAN Siu-kit
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.

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

<Important Notice>
In processing your enquiry, collection of personal data may be required.
Personal data so collected will be transferred to the relevant sections of
the Immigration Department for follow up actions. The provision of
personal data is voluntary. If you do not provide such data, we may not be
able to process your enquiry. You have the right to request access to or
correction of your personal data as provided, and the request should be
addressed to : Chief Immigration Officer (Information and Liaison)
Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong. You may also
browse information relating to the ��Statement of Privacy Policy and
Practice�� of the Immigration Department in our Homepage at
http://www.immd.gov.hk/ehtml/statement.htm

This e-mail message (together with any attachments) is for the designated
recipient only. It may contain information that is privileged for the
designated recipient. If you are not the intended recipient, you are
hereby notified that any use, retention, disclosure, copying, printing,
forwarding or dissemination of the message is strictly prohibited. If you
have received the message in error, please erase all copies of the message
(including attachments) from your system and notify us immediately.

References

Visible links
1. https://www.youtube.com/playlist?list=PL...

hide quoted sections

Immigration Department

Our ref. : IL/00785969/22 & L/M (3) in ImmD ORS/6-5/2 (C) Pt.4

Dear H. Y. Fung,

I  refer  to  your  application  for  access to information submitted on
15
November  2022  and  our interim replies on 24 November 2022 and 5
December
2022.

The  “Detention”  statistics  in  Appendix 13 of the Immigration
Department
Annual  Report  (the  “Detention”  statistics)  refers  to  the  number 
of
detentions  for  or arising from inquiries and investigation into
suspected
offences  under  the  Immigration  Ordinance  or  the  Immigration 
Service
Ordinance.  It  refers  to  neither  a  case nor an individual detained at
certain place of detention.

As  such,  the  “Detention” statistics includes the number of detention
for
the  above  said  purposes at Castle Peak Bay Immigration Centre and Ma
Tau
Kok  Detention  Centre  as well as at other designated places of
detention.
However,  we do not maintain the breakdown of the “Detention” statistics
by
places of detention.

I hope the information is useful to you.

Best Regards,

CHAN Siu-kit
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.

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

<Important Notice>
In processing your enquiry, collection of personal data may be required.
Personal data so collected will be transferred to the relevant sections of
the Immigration Department for follow up actions. The provision of
personal data is voluntary. If you do not provide such data, we may not be
able to process your enquiry. You have the right to request access to or
correction of your personal data as provided, and the request should be
addressed to : Chief Immigration Officer (Information and Liaison)
Immigration Tower, 7 Gloucester Road, Wanchai, Hong Kong. You may also
browse information relating to the ��Statement of Privacy Policy and
Practice�� of the Immigration Department in our Homepage at
http://www.immd.gov.hk/ehtml/statement.htm

This e-mail message (together with any attachments) is for the designated
recipient only. It may contain information that is privileged for the
designated recipient. If you are not the intended recipient, you are
hereby notified that any use, retention, disclosure, copying, printing,
forwarding or dissemination of the message is strictly prohibited. If you
have received the message in error, please erase all copies of the message
(including attachments) from your system and notify us immediately.

References

Visible links
1. https://www.youtube.com/playlist?list=PL...

hide quoted sections