Number of detainees held under immigration powers at sites other than Caste Peak Immigration Centre or Mau Tau Kok Detention Centre

Raquel Amador made this Freedom of Information request to Immigration Department

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Immigration Department should have responded by now (details). You can complain by requesting an internal review.

Dear Immigration Department,

I am writing to make a data access request about the number of detainees held under immigration powers, e.g. S26-S31, S32, S34 and S37ZK of the Immigration Ordinance (Cap 115), at detention sites other than Castle Peak Bay Immigration Centre and Mau Tau Kok Detention Centre. In particular I am referring to the detainees that were detained at sites and buildings referred to in point one of Schedule 1 to the Immigration (Places of Detention) Order, Cap 115B, on the basis of the Immigration Ordinance, Cap 115? May I know, in each of the years between 2018-20:

a) please provide the name of each site and the average daily population and of those how many are detainees

b) please provide the name of each site and the population on 31 December of each year and of those how many are detainees

c) please provide the name of each site and the number persons admitted in each year and of those how many are detainees

Yours faithfully,

Raquel Amador

Immigration Department

Our ref. : ImmD RM/6-5/10/2021/119(R)

Dear Mr Raquel Amador,
 

I refer to you your application for access to information submitted on 11
March 2021.

 

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.

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Immigration Department

Our ref. : ImmD RM/6-5/10/2021/119(R) & ImmD RM/6-5/10/2021/120(R)

Dear Raquel Amador,

 

I refer to your two applications for access to information submitted on 11
March 2021 and our interim reply of 19 March 2021.

 

The population and admission figures pertaining to the sites and buildings
concerned are outside the purview of the Immigration Department.  The
Immigration Department thus does not have the requested information and
statistics.

 

  

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

Dear Immigration Department,

Thank you for your reply. Could you please confirm what department holds the requested information and statistics and kindly forward our request to them?

Yours faithfully,

Raquel Amador

Records and Data Management Section, Immigration Department

Dear Raquel Amador,
I refer to your application for access to information received by us via
preceding email dated 4 May 2021.

You may wish to note that your requested information mentioned in your
email dated 11 March 2021@1236 hrs. (Subject:Freedom of Information
request - Number of detainees held under immigration powers at sites other
than Caste Peak Immigration Centre or Mau Tau Kok Detention Centre), which
is referring to such detainees held at sites and buildings referred to in
point one of Schedule 1 to the Immigration (Places of Detention) Order,
Cap 115B, on the basis of the Immigration Ordinance, Cap.115,  is relating
to the purview of Correctional Service Department (CSD).

In this regards, your consent is required before we transfer your request
to the CSD for their reply.  Your reply by 20 May 2021 is much
appreciated.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Raquel Amador <[FOI #576 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        04/05/2021 11:45
Subject:        Re: Code on Access to Information [Our ref.: ImmD
RM/6-5/10/2021/119(R) & ImmD RM/6-5/10/2021/120(R)]

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Dear Immigration Department,

Thank you for your reply. Could you please confirm what department holds
the requested information and statistics and kindly forward our request to
them?

Yours faithfully,

Raquel Amador

show quoted sections

Dear Records and Data Management Section,

Thank you for your reply dated 13 May. I hereby give my authority for your to pass this request to the CSD. Thank you for your kind attention.

Yours sincerely,

Raquel Amador

Records and Data Management Section, Immigration Department

Dear Raquel Amador,
Thanks for your email dated 18 May 2021.

Please be informed that pursuant to your consent given, your request has
been transferred to Correction Services Department (CSD) today.
 
Regards

(Mr. W M Fung)
for Director of Immigration

From:        Raquel Amador <[FOI #576 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        18/05/2021 10:12
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/259(R))

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Dear Records and Data Management Section,

Thank you for your reply dated 13 May. I hereby give my authority for your
to pass this request to the CSD. Thank you for your kind attention.

Yours sincerely,

Raquel Amador

show quoted sections

email CSD,

9 Attachments

Dear Raquel Amador,

I refer to your six applications for access to information (as per
attached) which were referred to this Department for follow-up by the
Immigration Department on 20.5.2021.  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 9.6.2021.  In the meantime, please contact
Principal Officer WU Yu-shing at 2582 5234 if you have any enquiry.

Correctional Services Department
HKSAR
[1]total_caring_c                      
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

References

Visible links

email CSD,

9 Attachments

Dear Raquel Amador,
I refer to your six applications for access to information under the Code
on Access to Information (the Code) which were referred to this Department
for follow-up by the Immigration Department on 20.5.2021. Our interim
reply to you on 28.5.2021 is relevant.

Please be informed that the relevant statistical figures of admissions of
persons in custody, penal population and detainees under our custody are
available at the following website (detailed breakdown can be accessed by
clicking into the individual figures of the website).

[1]https://www.csd.gov.hk/english/statistic...

However, we do not maintain the statistical figures of foreign domestic
helper and non-refoulement claimants under our custody. Pursuant to para.
1.14 and 2.9(d) of the Code, we are unable to provide the relevant
information as requested.

You may also wish to note that, pursuant to paragraph 1.25 of the Code,
any person who believes that a department has failed to comply with any
provision of the Code may ask the department to review the situation.
 Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the Code may also complain to The Ombudsman.  The Ombudsman’s address is –
 
30/F, China Merchants Tower,
Shun Tak Centre,
168-200 Connaught Road Central,
Hong Kong
Telephone: 2629 0555
Fax: 2882 8149

Correctional Services Department
HKSAR
[2]total_caring_c                      
[3]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

From:        email CSD/CSD/HKSARG
To:        [FOI #576 email]
Date:        2021/05/28 17:13
Subject:        Re: Request for information under Code on Access to
Information

show quoted sections

Dear email CSD,

Thank you for your reply dated 9 June 2021. I note you do not hold statistical figures related to non-refoulement claimants and foreign domestic helpers. Could you please confirm whether you have the data previously requested of detainees held under immigration powers e.g. S26-S31, S32, S34 and S37ZK of the Immigration Ordinance (Cap 115), at CSD institutions and at detention sites other than Castle Peak Bay Immigration Centre and Mau Tau Kok Detention Centre. In particular I am referring to the detainees that were detained at sites and buildings referred to in point one of Schedule 1 to the Immigration (Places of Detention) Order, Cap 115B, on the basis of the Immigration Ordinance, Cap 115?

Yours sincerely,

Raquel Amador

email CSD,

4 Attachments

Dear Raquel Amador,

I refer to your further email of 15.6.2021.  Please be informed that the
relevant statistical figures of detainees under our custody can be
accessed by clicking into the "No. of persons in custody" of the below
website. You may wish to refer to the attached illustration for reference.

[1]https://www.csd.gov.hk/english/statistic...

Correctional Services Department
HKSAR
[2]total_caring_c                      
[3]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

From:        "Raquel Amador" <[FOI #576 email]>
To:        "email CSD" <[email address]>
Date:        15.06.2021 15:03
Subject:        Re: Request for information under Code on Access to
Information

show quoted sections

Please use this email address for all replies to this request:
[FOI #576 email]

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the internet. Our privacy and copyright policies:
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References

Visible links
1. https://www.csd.gov.hk/english/statistic...
4. https://www.csd.gov.hk/english/statistic...
5. https://csdportal.csd.hksarg/images/cari...
6. https://accessinfo.hk/en/help/officers