HKSAR persons admitted to immigration detention
Dear Immigration Department,
I am writing to make an information access request regarding the number of people admitted to Ma Tau Kok Detention Centre by nationality.
On the Immigration Department Enforcement Statistics page (https://www.immd.gov.hk/eng/facts/enforc..., accessed on 20 October, 2022), the ‘Number of admissions of detainees by country/region’ under ‘Statistics on Ma Tau Kok Detention Centre’ states that there were 3 persons admitted who were of the ‘country/region’ of ‘Hong Kong Special Administrative Region’.
May I know, given that immigration detention centres hold non-local / migrant persons under the powers of the Immigration Ordinance (Cap. 115), what were the reasons for 3 persons with ‘country/region’ of Hong Kong SAR to be admitted to the Ma Tau Kok Detention Centre?
Thanks very much for your attention to this inquiry. I look forward to your response.
Sincerely,
H. Y. Fung
Our Reference: L/M (580) in ImmD DR/6-5/10/R
Dear H.Y. FUNG,
Our department has received your application for access to information on
20.10.2022. 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
09.11.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (580) in ImmD DR/6-5/10/R
Dear H.Y. FUNG,
I refer to your request for access to information on 20.10.2022 and our
interim reply to you on the 26.10.2022. I hereby provide you the
following information.
Immigration offenders, regardless of their origin, are detained in the Ma
Tau Kok Detention Centre pending inquiry, prosecution, court hearing, and
transfer to other detention facilities under the power of the Immigration
Ordinance (Cap. 115) and the Immigration Service Ordinance (Cap. 331).
I hope the information is useful to you.
Best regards,
CHAN, Tsz-ho
for Director of Immigration
Dear Immigration Department,
Thanks very much for your response and the information provided. To clarify, may I know:
A) Would all "immigration offenders" who are " pending inquiry, prosecution, court hearing, and transfer to other detention facilities under the power of the Immigration Ordinance (Cap. 115) and the Immigration Service Ordinance (Cap. 331)" be detained at Ma Tau Kok Detention Centre or is this a discretionary decision / determined on a case by case basis?
i) Would this be applicable for suspected immigration offenders as well?
ii) Would there be instances where immigration offenders or suspected immigration offenders could be held in Castle Peak Bay Immigration Centre, or other locations? If so, please kindly specify the applicable locations.
iii) Would you be able to provide any relevant policy or guidelines on this process?
Thanks very much for your help, and I look forward to your response.
Kind regards,
H. Y. Fung
Our Reference: L/M (584) in ImmD DR/6-5/10/R
Dear H.Y. Fung,
Our department has received your application for access to information on
10.11.2022. 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
30.11.2022. In the meantime, please contact the undersigned via this email
if you have any enquiry.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (584) in ImmD DR/6-5/10/R
Dear H.Y. FUNG,
Further to our interim reply of 17 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 30 December 2022.
If you have any enquiry, please contact the undersigned via this email.
Best regards,
CHAN Tsz-ho
for Director of Immigration
Our Reference: L/M (584) in ImmD DR/6-5/10/R
Dear H.Y. FUNG,
I hereby provide you with the following information.
Whilst any detention must be justified on reasonable grounds having regard
to the circumstances of each case, a person required or authorised to be
detained by or under the Immigration Ordinance (Cap. 115) may be so
detained at places specified in the Schedules of the Immigration (Places
of Detention) Order (Cap. 115B), including the Ma Tau Kok Detention Centre
and the Castle Peak Bay Immigration Centre. Where the power to detain a
person does not come from the Immigration Ordinance, such person shall be
kept in a place of detention in accordance with the detention authority
and the relevant law.
The detention of immigration offenders at the Immigration office or at a
designated place are specified in Immigration Ordinance, Cap. 115, and
Immigration Service Ordinance, Cap. 331.
Best Regards,
LEE Chi-hang Jonathan
for Director of Immigration
