Legislation governing treatment of detainees
Dear Immigration Department,
I am writing to make an information request regarding legislation that governs the treatment of detainees at locations of detention.
For detainees held at the following twelve locations (as listed in Schedule 3 of the Immigration (Places of Detention) Order (Cap. 115B)), what rules / legislation governs their treatment?
• The Immigration Department Detention Quarters within the Hong Kong Airport Building
• The area of the Hong Kong-Macau Ferry Terminal occupied by the Immigration Department set aside as a detention room. (L.N. 119 of 1975)
• The area of the first floor of the China Ferry Terminal, Canton Road, Tsimshatsui occupied by the Immigration Department set aside as detention quarters. (L.N. 296 of 1988)
• The area of the 2nd floor, Central Government Pier, Road D3, New Central Reclamation Area, Central, occupied by the Immigration Department set aside as a detention room. (L.N. 391 of 1995)
• The area set aside as a detention room in the part of the River Trade Terminal, Tuen Mun, occupied by the Immigration Department. (L.N. 324 of 1998)
• The area inside the Tuen Mun Ferry Terminal that is set aside as a detention room for use by the Immigration Department. (L.N. 60 of 2004)
• The area within the Lok Ma Chau Spur Line Control Point that is set aside as detention quarters for use by the Immigration Department. (L.N. 70 of 2007)
• The area within the Clearance Area of the Shenzhen Bay Port Hong Kong Port Area that is set aside as detention quarters for use by the Immigration Department. (L.N. 72 of 2007)
• The area within the Kai Tak Cruise Terminal that is set aside as detention quarters for use by the Immigration Department. (19 of 2016 s. 28)
• The area within the Hong Kong-Zhuhai-Macao Bridge Hong Kong Port that is set aside as detention quarters for use by the Immigration Department. (L.N. 153 of 2017)
• The area within the West Kowloon Station of the Guangzhou-Shenzhen-Hong Kong Express Rail Link (other than the West Kowloon Station Mainland Port Area) that is set aside as detention quarters for use by the Immigration Department. (L.N. 109 of 2018)
• The area within the Passenger Terminal Building at Heung Yuen Wai Boundary Control Point that is set aside as detention quarters for use by the Immigration Department. (L.N. 162 of 2018)
Thank you for your help with this inquiry.
Yours faithfully,
H. Y. Fung
Our reference: ImmD/RM/6-5/10/2022/009(R)
Dear H Y Fung,
Our department has received your application of 5 January 2022 for access
to information. 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 25
January 2022.
If you have any enquiry, please contact the undersigned via this email.
Best regards,
CHAU Chun-yu
for Director of Immigration
Our reference: ImmD/RM/6-5/10/2022/009(R)
Dear H Y Fung,
We refer to your application for access to information of 5 January 2022
relating to the captioned. Further to interim reply of 12 January 2022,
please find our reply below.
The treatment to detainees at twelve locations of control points as listed
in Schedule 3 of the Immigration (Places of Detention) Order (Cap. 115B)
is governed by internal instruction issued by Immigration Department.
After careful consideration of your application, I must advise you that
we are not prepared to provide the information requested for the reason(s)
set out in paragraph 2.6(e) of the Code on Access to Information which
states, “information the disclosure of which would harm or prejudice the
prevention, investigation and detection of crime and offences, the
apprehension or prosecution of offenders, or the security of any detention
facility or prison.”
If you are not satisfied with the above decision, you may ask the
Department to review the decision by writing to the Director of
Immigration at the following address or email to [1][Immigration Department request email] -
Immigration Department
Immigration Tower,
7 Gloucester Road,
Wan Chai, Hong Kong
Alternatively, you may complain to the Ombudsman, whose address is -
30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong
Telephone : 2629 0555
Fax : 2882 8149
Best regards,
CHEUNG Wing-yan
for Director of Immigration
References
Visible links
1. mailto:[Immigration Department request email]
Dear Immigration Department,
Thank you very much for your response and the information provided. I note your response states that the 'internal instruction' that governs the twelve locations listed in my request could not be provided due to paragraph 2.6(e) of the Code on Access to Information ("the Code") which states, “information the disclosure of which would harm or prejudice the prevention, investigation and detection of crime and offences, the apprehension or prosecution of offenders, or the security of any detention facility or prison.”
However, given that similar internal guidelines such as the Operational Manuals of Castle Peak Bay Immigration Centre and Ma Tau Kok Detention Centre have been provided previously*, I would like to ask why the 'internal instruction' that governs these twelve locations are subject to paragraph 2.6(e) of the Code while equivalent guidelines governing other detention facilities managed by the Immigration Department have not been.
*Please see this request filed under the Code of Access to Information where the operational manuals were provided: https://accessinfo.hk/en/request/detenti...
Thank you very much for your help in this matter and I look forward to hearing from you.
Yours sincerely,
H. Y. Fung
Our reference: ImmD RM/6-5/10/2022/111(R)
Dear H Y Fung,
Our department has received your application of 25 February 2022 for
access to information. 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 17 March 2022.
If you have any enquiry, please contact the undersigned via this email.
Best regards,
CHAU Chun-yu
for Director of Immigration
Our reference: ImmD/RM/6-5/10/2022/111(R)
Dear H Y Fung,
We refer to your application for access to information of 25 February 2022
relating to the captioned. Further to interim reply of 4 March 2022,
please find our reply below.
Unlike Castle Peak Bay Immigration Centre and Ma Tau Kok Detention Centre,
the main function of the detention facilities at control points is to
temporarily detain persons refused permission to land in Hong Kong of whom
expedited removal is anticipated and required. In this connection, it was
considered that the relevant internal instruction involving the operations
of those detention facilities as well as the detailed working procedures
of the officers concerned could not be released in part or full for the
reason(s) set out in paragraph 2.6(e) of the Code on Access to Information
which states, “information the disclosure of which would harm or prejudice
the prevention, investigation and detection of crime and offences, the
apprehension or prosecution of offenders, or the security of any detention
facility or prison.”
If you are not satisfied with the above decision, you may ask the
Department to review the decision by writing to the Director of
Immigration at the following address or email to [Immigration Department request email] -
Immigration Department
Immigration Tower,
7 Gloucester Road,
Wan Chai, Hong Kong
Alternatively, you may complain to the Ombudsman, whose address is -
30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong
Telephone : 2629 0555
Fax : 2882 8149
Best regards,
CHEUNG Wing-yan
for Director of Immigration
