Immigration Department Complaint Mechanism

Carissa Tsang made this Freedom of Information request to Immigration Department

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Dear Immigration Department,

Please could you provide the following information.

1. A yearly breakdown on the number of complaints received in relation to immigration detention from 2010 – 2020

2. Information on the outcome of complaints received and/or a yearly breakdown from 2010 - 2020 for data on actions taken, specifically how many disciplinary actions were taken against ImmD officers

3. Detail information on ImmD’s complaint mechanism

4. Detail information on channels for complain or complaint mechanism for detainees who are under Immigration Department’s detention

Yours faithfully,

Carissa Tsang

Immigration Department

Our ref. : ImmD RM/6-5/10/2020/647(R)

 

Dear Ms Tsang,

 

Our department has received your application for access to information on
3 November 2020. Your application is now under processing.

 

As time is required to gather information from various parties, we would
revert to you as soon as possible.  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

Immigration Department

Our ref. : ImmD RM/6-5/10/2020/647(R)

 

Dear Ms Tsang,

 

I refer to your application for access to information submitted on 3
November 2020 and our interim reply to you on 12 November 2020.  I hereby
provide you the following information.

 

1. Yearly breakdown on the number of complaints received in relation to
immigration detention from 2010 – 2020

 

+------------------------------------------------------------------------+
| Year | No. of complaints |
|---------------------------------+--------------------------------------|
| 2010 | 0 |
|---------------------------------+--------------------------------------|
| 2011 | 1 |
|---------------------------------+--------------------------------------|
| 2012 | 4 |
|---------------------------------+--------------------------------------|
| 2013 | 1 |
|---------------------------------+--------------------------------------|
| 2014 | 0 |
|---------------------------------+--------------------------------------|
| 2015 | 4 |
|---------------------------------+--------------------------------------|
| 2016 | 10 |
|---------------------------------+--------------------------------------|
| 2017 | 18 |
|---------------------------------+--------------------------------------|
| 2018 | 6 |
|---------------------------------+--------------------------------------|
| 2019 | 14 |
|---------------------------------+--------------------------------------|
| 2020 | |
| | 23 |
| (as at 15-11-2020) | |
+------------------------------------------------------------------------+

 

2. Information on the outcome of complaints received and/or a yearly
breakdown from 2010 - 2020 for data on actions taken, specifically how
many disciplinary actions were taken against ImmD officers

 

None of the above-mentioned complaints was substantiated.

 

3. Detail information on ImmD’s complaint mechanism

 

All complaints, whether written or oral, will be dealt with expeditiously.
 The concerned assistant division head will arrange for the complaint to
be thoroughly, expeditiously and impartially investigated, and ensure that
an interim reply will be given within 10 days at the latest.  In general,
a full reply will be given within 42 days.

 

4. Detail information on channels for complain or complaint mechanism for
detainees who are under Immigration Department’s detention

 

Arrangements for persons under detention at the Castle Peak Bay
Immigration Centre (CIC) and the Ma Tau Kok Detention Centre (MTKDC) of
the Immigration Department (ImmD) are made in accordance with the
Immigration (Treatment of Detainees) Order, Cap. 115E and the Immigration
Service (Treatment of Detained Persons) Order, Cap. 331C respectively to
ensure that the detainees are treated fairly and properly.

 

Any detainee who is dissatisfied with his/her treatment may lodge a
complaint through a number of channels, including the Offices of the
Ombudsman, Visiting Justices of Peace, the ImmD, or other law enforcement
agencies / government departments / statutory bodies.  The detainees are
informed of the relevant complain channels.  Posters / notices have been
put up to display clearly various complaint channels and procedures for
detainees’ information.

 

The ImmD will carry out investigation on each and every complaint case in
a fair, impartial and comprehensive manner.  When necessary, the ImmD will
make referrals to other law enforcement agencies.  The ImmD will handle
all the complaints seriously in compliance with the prevailing laws and
established procedures

 

I hope the information is useful to you.

 

 

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