Information regarding the training, understanding of and use of the Istanbul Protocol
Dear Immigration Department,
I write to seek the following information regarding the training, understanding of and use of the Istanbul Protocol by medical and law enforcement professionals in Hong Kong. As this is a key international guideline followed as part of your assessment of non-refoulement claims. I would like to ask the following questions relating to this, so can you please provide this to the best of your ability for the last decade (or as far back as you have this information):
1. How many police enforcement and medical professionals have been trained to use the Istanbul Protocol between January 2010 and October 2020?
2. How often have trainings been conducted? If available,
• Could you please provide the dates of trainings?
• Number of people trained?
• Who delivered the trainings?
• What types of departments and professions were represented at these trainings and;
• Any documents provided at the trainings or used to develop the trainings?
3. How is the training assessed and how often are refresher courses offered?
4. How often have medical professionals been instructed by a Government Department and/ or Tribunal and Court for a report of torture and/ or cruel and inhumane treatment based on the Istanbul Protocol?
5. Who many reports been prepared for Governments and/ or Tribunals and Courts?
6. How many Istanbul Protocol compliant reports have been admitted in criminal and/ or civil litigation proceedings?
If you don't have this information but another department does please let us know which department we should contact.
Yours faithfully,
Scott Edmunds
Our ref.: L/M (46) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 12 November 2020
relating to the use of Istanbul Protocol in the assessment of
non-refoulement claim.
Your application is now under processing. Our Department would revert to
you on or before 2 December 2020 according to paragraph 1.16 of the Code
on Access to Information.
Best Regards,
( KK WONG )
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.
Our ref.: L/M (46) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 12 November 2020
relating to the use of Istanbul Protocol in the assessment of
non-refoulement claim.
We need more time to handle your application. Our Department would revert
to you on or before 1 January 2021 according to paragraph 1.18 of the Code
on Access to Information.
Best Regards,
( KK WONG )
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.
Our ref.: L/M (46) in ImmD RALS1/6-20/3/C
Dear Mr. Edmunds,
We refer to your application for access to information of 12 November 2020
on training-related matters for medical and law enforcement professionals
in Hong Kong. Further to our interim replies of 20 November and 1
December 2020, please find our substantive reply below.
As far as the Immigration Department (ImmD) is concerned, ample training
and support, including training on the Istanbul Protocol, are provided for
the staff responsible for screening non-refoulement claims under the
Unified Screening Mechanism (USM). All the case officers responsible for
screening non-refoulement claims will attend a 15-day professional
training course before assuming such duties. The course comprises
lectures given by senior case officers from overseas common law
jurisdictions, the Office of the United Nations High Commissioner for
Refugees (UNHCR) officials and local law academics. In addition, ImmD
will arrange regular training for case officers to ensure that they have a
thorough understanding of the USM and sufficient knowledge to process
cases, including the latest local and overseas precedents, up-to-date
information on claimants’ countries of origin, etc. Case officers have
received training on the Istanbul Protocol (which is the international
standard for investigating torture cases), the UNHCR procedural standards,
and ways to deal with special needs (e.g. victims of violence, minors), so
as to ensure that they are well trained in handling the special needs of
victims of sex violence, unaccompanied minors, claimants suffering from
post-traumatic stress disorder and female claimants, etc.
If the physical or mental condition of a claimant is in dispute and is
relevant to the consideration of a claim, a medical examination conducted
by qualified medical practitioners may be arranged. Similar to ImmD’s
case officers, the concerned medical practitioners have received training
courses on torture /non-refoulement claims conducted by relevant experts.
We hope you would find the above information useful.
Best Regards,
(FUNG Man-him)
for Director of Immigration
<-- Start of Original Message -->
From Name : IMMD Department
From Address : [email address]
To : [FOI #528 email]
CC :
Subject : Freedom of Information request – Information regarding the
training, understanding of and use of the Istanbul Protocol
Send Time : 01/12/2020 14:38:46
Body :
Our ref.: L/M (46) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 12 November 2020
relating to the use of Istanbul Protocol in the assessment of
non-refoulement claim.
We need more time to handle your application. Our Department would revert
to you on or before 1 January 2021 according to paragraph 1.18 of the Code
on Access to Information.
Best Regards,
( KK WONG )
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.
<-- End of Original Message -->
--------------------------------------------------------------------------
References
Visible links
1. https://www.youtube.com/playlist?list=PL...
Dear Immigration Department,
Thank you for getting back to me and providing some insight into training program for the Immigration Department staff and medical professionals. You haven't answered my specific questions trying to gather some specific detail of this training, so can I ask this again?
Specifically:
1. How many police enforcement and medical professionals have been trained to use the Istanbul Protocol between January 2010 and October 2020?
2. How often have trainings been conducted? If available,
• Could you please provide the dates of trainings?
• Number of people trained?
• Who delivered the trainings?
• What types of departments and professions were represented at these trainings and;
• Any documents provided at the trainings or used to develop the trainings?
3. How is the training assessed and how often are refresher courses offered?
4. How often have medical professionals been instructed by a Government Department and/ or Tribunal and Court for a report of torture and/ or cruel and inhumane treatment based on the Istanbul Protocol?
5. Who many reports been prepared for Governments and/ or Tribunals and Courts?
6. How many Istanbul Protocol compliant reports have been admitted in criminal and/ or civil litigation proceedings?
Yours faithfully,
Scott Edmunds
Our ref.: L/M (51) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 22 December 2020
on training-related matters for medical and law enforcement professionals
in Hong Kong.
Your application is now under processing. Our Department would revert to
you on or before 11 January 2021 according to paragraph 1.16 of the Code
on Access to Information.
Best Regards,
( KK WONG )
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.
Our ref.: L/M (51) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 22 December 2020
on training-related matters for medical and law enforcement professionals
in Hong Kong.
As information requested is confirmed not in the possession of the
Immigration Department but may be held by other departments /
organisations, namely the Hong Kong Police Force, Department of Health and
Hospital Authority, your consent is hereby sought for transferring your
request to their handling.
Best Regards,
(M H FUNG)
for Director of Immigration
<-- Start of Original Message -->
From Name : IMMD Department
From Address : [email address]
To : [FOI #528 email]
CC :
Subject : Information regarding the training, understanding of and use of
Istanbul Protocol
Send Time : 30/12/2020 18:40:47
Body :
Our ref.: L/M (51) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 22 December 2020
on training-related matters for medical and law enforcement professionals
in Hong Kong.
Your application is now under processing. Our Department would revert to
you on or before 11 January 2021 according to paragraph 1.16 of the Code
on Access to Information.
Best Regards,
( KK WONG )
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.
<-- End of Original Message -->
--------------------------------------------------------------------------
References
Visible links
1. https://www.youtube.com/playlist?list=PL...
Our ref. : IL/00731396/20, L/M (51) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to our reply dated 11 January 2021, your consent is still
awaiting.
I should be grateful for your consent so that we can transfer your request
to other departments / organisations for handling. Should we cannot hear
from you by 3 February 2021, we will assume that you will not pursue your
request and we will take no action.
Best Regards,
(M H FUNG)
for Director of Immigration
<-- Start of Original Message -->
From Name : IMMD Department
From Address : [email address]
To : [FOI #528 email]
CC :
Subject : Re: Information regarding the training, understanding of and use
of Istanbul Protocol
Send Time : 11/01/2021 17:03:30
Body :
Our ref.: L/M (51) in ImmD RALS1/6-20/3/C
Dear Mr Edmunds,
We refer to your application for access to information of 22 December 2020
on training-related matters for medical and law enforcement professionals
in Hong Kong.
As information requested is confirmed not in the possession of the
Immigration Department but may be held by other departments /
organisations, namely the Hong Kong Police Force, Department of Health and
Hospital Authority, your consent is hereby sought for transferring your
request to their handling.
Best Regards,
(M H FUNG)
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.
<-- End of Original Message -->
--------------------------------------------------------------------------
References
Visible links
1. https://www.youtube.com/playlist?list=PL...
Dear Immigration Department,
I'm sorry if you haven't received my reply but it seems it may not have reached you successfully. I'm just trying to send this again to state that I consent to you transferring this query to the other government departments. Please let me know if you don't receive this.
Yours faithfully,
Scott Edmunds
Dear Mr. Edmunds,
Your access to information request referred by the Immigration Department
(ImmD) on 4 February 2021 refers.
As the ImmD is the dedicated department for handling non-refoulement
claims in Hong Kong, any non-refoulement claims received by the police
will be referred to ImmD for follow up. The requested information on the
subject matter had been preciously provided to you by ImmD and the Hong
Kong Police Force has no further information to supplement.
Should you have any enquiry, please contact the undersigned at 2855 1190.
Novel CHAM
for Commissioner of Police
*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
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 the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知，如你並非預定收件人，嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息，請把訊息的所有副本(包括附件)從系統內清除，並立即
通知發件人。***
Our ref.: L/M (17) in DH FPS/6-5 Pt.1
Dear Mr Edmunds,
Immigration Department has referred your application for access to
information to Department of Health on 4.2.2021, as attached.
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 24.2.2021. In the
meantime, please contact me at 3661 8347 if you have any enquiry.
Yours sincerely,
(Eric LAM)
for Director of Health
Our ref.: L/M (17) in DH FPS/6-5 Pt.1
Dear Mr Edmunds,
Please be advised that we are liaising with relevant government
departments to obtain the information you requested. 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
26.3.2021. In the meantime, please contact me at 3661 8347 if you have
any enquiry.
Yours sincerely,
(Eric LAM)
for Director of Health
Our ref.: L/M (17) in DH FPS/6-5 Pt.1
Dear Mr Edmunds,
We refer to your application for access to information dated 22.12.2020 to
the Immigration Department (ImmD), which was referred to us on 4.2.2021.
Please find our reply below:
As far as Department of Health (DH) is concerned, we do not organize
training in “Istanbul Protocol”. Having said that, DH had sent medical
staff to attend training delivered by the United Nations High Commissioner
for Refugees (UNHCR) in the past.
Separately, in cases where a physical or mental condition of claimants is
in dispute and relevant to the consideration of claims, ImmD will make
arrangements for such claimants to undergo medical examinations to
ascertain the alleged condition. Our medical staff would perform physical
examination on non-refoulement claimants referred by the ImmD, and the
examining doctor would be provided with a brief prepared by the ImmD
detailing the alleged condition before the examination. During the
examination, the examining doctor would obtain written consent from the
claimant and ask the claimant if he/she has any further information in
relation to his/her alleged condition, with the presence of an
interpreter. Upon completion of the medical examination report, the ImmD
would be informed that the report is ready for collection by the claimant
or his/her legal representative.
Our medical staff have not been asked to testify in criminal/civil
proceedings in relation to non-refoulement claim cases so far, and we do
not have any information on whether our reports issued to the claimants or
their legal representatives had previously been submitted to
Courts/Tribunals or not.
Yours sincerely,
(Eric LAM)
for Director of Health
