Migrant children who turn 18 at TMCJH

H. Y. Fung made this Freedom of Information request to Social Welfare Department

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Dear Social Welfare Department,

I am writing to make an information request regarding non-local / migrant minors who turn 18 years of age in Tuen Mun Children & Juvenile Home (“TMCJH”). May I know,

1) Considering that TMCJH holds minor children, in the case where a migrant (ie. Non-local) child held at TMCJH turns 18 years of age, would they then be transferred to Castle Peak Bay Immigration Centre?

2) If not, where would they be transferred to?

Any relevant information would be greatly appreciated. Thank you for your help with this matter.

Yours faithfully,

H. Y. Fung

Social Welfare Department

Dear H. Y. Fung,

 

Code on Access to Information

Application No. 31/2022

 

Thank you for your email dated 12 May 2022 seeking access to the
information regarding non-local / migrant minors who turn 18 years of age
in Tuen Mun Children & Juvenile Home (“TMCJH”) -

 

1) Considering that TMCJH holds minor children, in the case where a
migrant (ie. Non-local) child held at TMCJH turns 18 years of age, would
they then be transferred to Castle Peak Bay Immigration Centre?

 

2) If not, where would they be transferred to?

 

Please find our reply below -

 

TMCJH admits illegal immigrants aged under 18 as referred by the
Immigration Department under the Immigration Ordinance, Chapter 115.  The
Immigration Department would take over the illegal immigrants from TMCJH
before they reach 18 years of age.  The Social Welfare Department does not
have information of where they go after they have left TMCJH.

 

Should you have any enquiries, please feel free to contact the undersigned
at 2892 5628.

 

 

Yours sincerely,

 

(Ms Heather CHAN)

for Director of Social Welfare

-----"H. Y. Fung" <[FOI #1091 email]> 撰寫:-----
收件人: FOI requests at Social Welfare Department <[Social Welfare Department request email]>
寄件人: "H. Y. Fung" <[FOI #1091 email]>
日期: 05/12/2022 12:20下午
主旨: Freedom of Information request - Migrant children who turn 18 at
TMCJH

Dear Social Welfare Department,

I am writing to make an information request regarding non-local / migrant
minors who turn 18 years of age in Tuen Mun Children & Juvenile Home
(“TMCJH”). May I know,

1) Considering that TMCJH holds minor children, in the case where a
migrant (ie. Non-local) child held at TMCJH turns 18 years of age, would
they then be transferred to Castle Peak Bay Immigration Centre?

2) If not, where would they be transferred to?

Any relevant information would be greatly appreciated. Thank you for your
help with this matter.

Yours faithfully,

H. Y. Fung

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Dear Social Welfare Department,

Thank you for your reply.

May I know if the Immigration Department would have the information requested?

If so, please kindly transfer the request to the Immigration Department. Thank you.

Yours faithfully,

H. Y. Fung

Social Welfare Department

Dear H. Y. Fung,

 

Code on Access to Information

Application No. 31/2022

 

Thank you for your email dated 10 June 2022.  As the requested information
in relation to illegal immigrants aged under 18 as referred by the
Immigration Department is under the purview of the Immigration Department
and you have given consent for our referral of your request to the
Immigration Department in your email on 10 June 2022, we will refer your
request to the Immigration Department for their direct reply, please.

 

 

Yours sincerely,

 

(Ms Heather CHAN)

for Director of Social Welfare

-----"H. Y. Fung" <[FOI #1091 email]> 撰寫:-----
收件人: FOI requests at Social Welfare Department <[Social Welfare Department request email]>
寄件人: "H. Y. Fung" <[FOI #1091 email]>
日期: 06/10/2022 03:30上午
主旨: Re: 回覆: Freedom of Information request - Migrant children who turn
18 at TMCJH

Dear Social Welfare Department,

Thank you for your reply.

May I know if the Immigration Department would have the information
requested?

If so, please kindly transfer the request to the Immigration Department.
Thank you.

Yours faithfully,

H. Y. Fung

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Records and Data Management Section,

Dear H. Y. Fung,
                 
I refer to your request via email with subject "Freedom of Information
request - Migrant children who turn 18 at TMCJH" which was referred by the
Social Welfare Department on 14 June 2022 in relation to the information
regarding illegal
immigrants aged under 18 as referred by our department.

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 4 July 2022.

Regards,

(Mr S T Lam)
for Director of Immigration

Records and Data Management Section,

Dear H. Y. Fung,
I refer to your request referred by the Social Welfare Department on 14
June 2022.  Further to our interim reply of 22 June 2022, our reply is
provided as below.

For detainees over the age of 18, the Immigration Department will handle
the detention cases in accordance with the relevant legal requirements and
prevailing mechanism.

Access to Information Officer
Immigration Department

From:        RM/IMMD/HKSARG
To:        "H. Y. Fung" <[FOI #1091 email]>
Date:        22/06/2022 10:14
Subject:        Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/281(R))

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

Dear H. Y. Fung,
                 
I refer to your request via email with subject "Freedom of Information
request - Migrant children who turn 18 at TMCJH" which was referred by the
Social Welfare Department on 14 June 2022 in relation to the information
regarding illegal immigrants aged under 18 as referred by our department.

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 4 July 2022.

Regards,

(Mr S T Lam)
for Director of Immigration

Dear Immigration Department,

Thank you for your reply. I note from your reply that detention cases will be in accordance to 'the relevant legal requirements and prevailing mechanism'.

I would like to ask more specifically regarding the situation of migrant (ie. non-local) minors at Tuen Mun Children Juvenile Home (TMCJH). Please kindly see my original questions below:
1) Considering that TMCJH holds minor children, in the case where a migrant (ie. Non-local) child held at TMCJH turns 18 years of age, would they then be transferred to Castle Peak Bay Immigration Centre?
2) If not, where would they be transferred to?

Lastly, 3) if there are 'relevant legal requirements and prevailing mechanism' that apply in the specified circumstance, would it be possible to provide a copy of those procedures / guidelines / requirements?

Thank you very much for your help. I look forward to your reply.

Yours sincerely,
H. Y. Fung

Social Welfare Department

Our Reference: ImmD/RM/6-5/10/2022/330(R)]

Dear H.Y. Fung,

Our department has received your application for access to information on
5.7.2022. 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 25.7.2022.

Best regards,
KY WONG
for Director of Immigration

Social Welfare Department

Our Reference: ImmD/RM/6-5/10/2022/330(R)]

Dear H.Y. Fung,

I refer to your request for access to information on 5.7.2022 and our
interim reply to you on 12.07.2022.  

If detention is necessary, a minor will, pursuant to the Immigration
(Places of Detention) Order (Cap. 115B), be admitted into the Tuen Mun
Children and Juvenile Home operated by Social Welfare Department which
will provide proper care and guidance.  Detention will be kept under
regular review and will be reviewed when there is a material change of
circumstances.  
For detainee over the age of 18, Immigration Department will handle the
detention case in accordance with the relevant legal requirements and
prevailing mechanisms.

The policies are publicly accessible on its department website.  You may
refer to the following URL for details:
[1]https://www.immd.gov.hk/eng/useful_infor...
 
Best regards,
KY WONG
for Director of Immigration

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