Filing USM claims in CSD custodial institutions

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

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Dear Correctional Services Department,

I am writing to make an information access request regarding migrants (ie. Non-local persons) who file a claim under the Unified Screening Mechanism (USM) while held in a CSD institution. May I know,

A) For non-local persons in custody within CSD institutions, what is the relevant procedure for raising a USM claim?

B) What are the procedures / guidelines that follow after a claim is raised (ie. In relation to access to humanitarian assistance, whether the person in custody would be transferred to detention or placed under recognisance, etc)?

C) For both A) and B), would it be possible to provide a copy of the relevant procedures / guidelines?

Thank you very much for your help in this matter.

Yours faithfully,

H. Y. Fung

email CSD, Correctional Services Department

3 Attachments

Dear Sir/ Madam,

Our department has received your application for access to information on
10.6.2022.  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
30.6.2022.  In the meantime, please contact Officer CHAN Yu-hin via 2582
5192 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:        "H. Y. Fung" <[FOI #1113 email]>
To:        "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date:        10.06.2022 03:46
Subject:        Freedom of Information request - Filing USM claims in CSD
custodial institutions

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

Dear Correctional Services Department,

I am writing to make an information access request regarding migrants (ie.
Non-local persons) who file a claim under the Unified Screening Mechanism
(USM) while held in a CSD institution. May I know,

A) For non-local persons in custody within CSD institutions, what is the
relevant procedure for raising a USM claim?

B) What are the procedures / guidelines that follow after a claim is
raised (ie. In relation to access to humanitarian assistance, whether the
person in custody would be transferred to detention or placed under
recognisance, etc)?

C) For both A) and B), would it be possible to provide a copy of the
relevant procedures / guidelines?

Thank you very much for your help in this matter.

Yours faithfully,

H. Y. Fung

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

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 #1113 email]

Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[3]https://accessinfo.hk/en/change_request/...

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References

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email CSD, Correctional Services Department

3 Attachments

Dear Sir/ Madam,

Our department has received your application for access to information on
10.6.2022 and our interim reply to you on 17.6.2022.  Your application is
still under processing as we are consolidating information from relevant
parties.  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 29.7.2022.  In the meantime, please contact
Mr. CHAN Yu-hin at 2582 5192 should you have any queries.

Correctional Services Department
HKSAR
[1]total_caring_c             

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:        "H. Y. Fung" <[FOI #1113 email]>
To:        "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date:        10.06.2022 03:46
Subject:        Freedom of Information request - Filing USM claims in CSD
custodial institutions

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

Dear Correctional Services Department,

I am writing to make an information access request regarding migrants (ie.
Non-local persons) who file a claim under the Unified Screening Mechanism
(USM) while held in a CSD institution. May I know,

A) For non-local persons in custody within CSD institutions, what is the
relevant procedure for raising a USM claim?

B) What are the procedures / guidelines that follow after a claim is
raised (ie. In relation to access to humanitarian assistance, whether the
person in custody would be transferred to detention or placed under
recognisance, etc)?

C) For both A) and B), would it be possible to provide a copy of the
relevant procedures / guidelines?

Thank you very much for your help in this matter.

Yours faithfully,

H. Y. Fung

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

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 #1113 email]

Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[2]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:
[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
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers

email CSD, Correctional Services Department

6 Attachments

Dear Sir/ Madam,

I refer to your application for access to information under the Code on
Access to Information (“the Code”) to this Department on 10.6.2022 and our
interim replies to you on 17.6.2022 and 30.6.2022.  

Non-local persons in custody who wish to file a claim for non-refoulement
protection under the Unified Screening Mechanism (“USM”) can make such
request by writing to the Immigration Department.  The cases would then be
handled by the Immigration Department in accordance with the stipulated
rules and regulations.  

As regards your request for a copy of the relevant guidelines in regard to
the foregoing procedure, please be informed that we do not have such
information.  Pursuant to para 1.14 of the Code, your request could not be
acceded to.  

You may also wish to note that, pursuant to paragraph 1.25 of the Code,
any person who believes that a department has failed to comply with any
provision of the Code may ask the department to review the situation.
 Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the Code may also complain to The Ombudsman.  The Ombudsman’s address is –
 
30/F, China Merchants Tower,
Shun Tak Centre,
168-200 Connaught Road Central,
Hong Kong
Telephone: 2629 0555
Fax: 2882 8149

Correctional Services Department
HKSAR
[1]total_caring_c             

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:        "H. Y. Fung" <[FOI #1113 email]>
Date:        30.06.2022 15:36
Subject:        Freedom of Information request - Filing USM claims in CSD
custodial institutions

show quoted sections

Dear Sir/ Madam,

Our department has received your application for access to information on
10.6.2022.  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
30.6.2022.  In the meantime, please contact Officer CHAN Yu-hin via 2582
5192 if you have any enquiry.

Correctional Services Department
HKSAR
[3]total_caring_c      
[4]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:                        "H. Y. Fung"
<[FOI #1113 email]>
To:        "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date:        10.06.2022 03:46
Subject:        Freedom of Information request - Filing USM claims in CSD
custodial institutions

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

Dear Correctional Services Department,

I am writing to make an information access request regarding migrants (ie.
Non-local persons) who file a claim under the Unified Screening Mechanism
(USM) while held in a CSD institution. May I know,

A) For non-local persons in custody within CSD institutions, what is the
relevant procedure for raising a USM claim?

B) What are the procedures / guidelines that follow after a claim is
raised (ie. In relation to access to humanitarian assistance, whether the
person in custody would be transferred to detention or placed under
recognisance, etc)?

C) For both A) and B), would it be possible to provide a copy of the
relevant procedures / guidelines?

Thank you very much for your help in this matter.

Yours faithfully,

H. Y. Fung

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

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 #1113 email]

Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[5]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:
[6]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
5. https://accessinfo.hk/en/change_request/...
6. https://accessinfo.hk/en/help/officers