Dear Immigration Department,

Can you please provide information on the following, for each 12-month period from 2010 - 2020:

(1) The number of cases of physical confrontation involving detainees at the Castle Peak Bay Immigration Centre ("CIC");

(2) The nature of such physical confrontation at the CIC, including:
(a) Detainee-on-detainee assaults
(b) Detainee-on-staff assaults
(c) Others (please specify)

(3) The number of cases in which immigration officers used force on immigration detainees at the CIC

(4) The reason for immigration officers to use force on immigration detainees at the CIC, including:
(a) to prevent detainee-on-detainee assaults
(b) to prevent detainee-on-staff assaults
(c) to prevent self-harm incidents
(d) Others (please specify)

(5) The type of force used on detainees, including:
(a) empty-hand control
(b) use of pepper spray/ oleoresin capsicum spray
(c) use of 37 mm single shot launcher
(d) Others (please specify)

Thank you very much for your assistance in this matter.

Kind Regards,
Rachel Li

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel,

Our department has received your application for access to information on
11.02.2021. 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
03.03.2021.

Thank you for your attention.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel Li,

I refer to your request for access to information on 11 February 2021 and
our interim reply to you on 16 February 2021.  I hereby provide you the
following information.

(1) The annual number of cases of physical confrontation involving
detainees at the Castle Peak Bay Immigration Centre ("CIC") from 2010 –
2020 is as follows:

Year No. of cases of physical confrontation involving detainees
at CIC
2010* 14
2011 27
2012 24
2013 21
2014 15
2015 26
2016 38
2017 24
2018 15
2019 14
2020 25

(2) The breakdown by the nature of cases mentioned in (1) above from 2010
– 2020 is as follows:

Year Detainee-on-detainee assaults Detainee-on-staff assaults
2010* 11 3
2011 24 3
2012 23 1
2013 19 2
2014 15 0
2015 26 0
2016 37 1
2017 24 0
2018 14 1
2019 13 1
2020 25 0

(3) The Immigration Department (ImmD) does not maintain relevant
statistics.

(4) In the event of a special incident at CIC (e.g. assaults by
detainees), officers will assess the urgency and severity of the incident
having regard to the actual circumstances, and take necessary and
appropriate actions with proportionate level of use of force in line with
the departmental guidelines, so as to prevent deterioration of the
incident and protect the safety of the detainees and staff.  We must
emphasise that no violence or malpractice would be tolerated by ImmD.
 Besides, CIC officers shall give warning prior to the use of force as far
as circumstances permit such that the detainees shall have every
opportunity, whenever practicable, to stop their aggressive behavior and
obey the orders of the officers.  CIC officers will use force only if the
detainees still do not comply.

(5) Oleoresin capsicum foam (i.e. pepper spray) was used on various
occasions for tackling physical confrontations by the detainees in 2011,
2016, 2017, 2018, 2019 and 2020.  CIC officers have never deployed the
37-mm single short launcher since ImmD took over the management of CIC.
 Empty-hand control may be applied during CIC’s daily operations, for
example, guard and escort duties.  ImmD does not maintain statistics on
the use of other types of force.

Remarks:
* ImmD took over the management of CIC from the Correctional Services
Department on 15-04-2010.  The figures / information in 2010 provided
above cover the period from 15-04-2010 to 31-12-2010 only.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Dear Cheung Kai-Ho,

Thank you very much for the information.

Can you please clarify the following:

(1) The number of detainees who were injured as a result of physical confrontations, for each of the 12-month period from 2010 - 2020

(2) The number of CIC officers who were injured as a result of physical confrontations, for each of the 12-month period from 2010-2020

(3) The number of times oleoresin capsicum foam (i.e. pepper spray) were deployed for tackling physical confrontations in 2011, 2016, 2017, 2018, 2019 and 2020 respectively

Thank you again for your assistance.

Kind Regards,
Rachel Li

Dear Cheung Kai-Ho,

I'm writing to check on the the status of my follow up request to L/M (2) in ImmD CIC/6-5/10 (R) on the number of detainees and staff injured at CIC as a result of physical confrontations, and on the number of times oleoresin capsicum foam (i.e. pepper spray) were deployed.

Thank you very much for your assistance.

Kind Regards
Rachel Li

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel Li,

Our department has received your application for access to information by
email on 29 March 2021.  Regarding your following up on your access to
information request on physical confrontation and use of force at the
Castle Peak Bay Immigration Centre (“CIC”), we should be grateful if you
would clarify and let us know the period concerned for the requested
information so that we can process further in this aspect.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho

for Director of Immigration

Dear Cheung Kai-Ho,

It seems my previous email for clarifications is directed to your spam box. My request for clarifications is as follows:

(1) The number of detainees who were injured as a result of physical confrontations, for each of the 12-month period from 2010 - 2020

(2) The number of CIC officers who were injured as a result of physical confrontations, for each of the 12-month period from 2010-2020

(3) The number of times oleoresin capsicum foam (i.e. pepper spray) were deployed for tackling physical confrontations in 2011, 2016, 2017, 2018, 2019 and 2020 respectively

Thank you again for your assistance.

Kind Regards,
Rachel Li

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel Li,

Our department has received your clarified additional application for
access to information on 01.04.2021. 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 21.04.2021.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel Li,

Further to the interim reply on 08.04.2021, I am writing to inform you
that your application for Access to Information is still under processing,
as more time is required to gather and consolidate the information
requested in your application (if any). 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 21.05.2021.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHAU Kwok-cheung
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R)

Dear Rachel Li,

I refer to your clarified additional request for access to information on
1 April 2021 and our interim replies to you on 8 April 2021 and 21 April
2021.  I hereby provide you the following information.

(1)        The number of detainees who were injured in the
detainee-on-detainee and detainee-on-staff assaults at the Castle Peak Bay
Immigration Centre ("CIC") from 2010 to 2020 is as follows:

Year No. of detainees who were injured at CIC
Detainee-on-detainee assaults Detainee-on-staff assaults Total
2010* 16 1 17
2011 27 1 28
2012 37 0 37
2013 30 0 30
2014 20 0 20
2015 28 0 28
2016 38 0 38
2017 35 0 35
2018 22 0 22
2019 15 0 15
2020 29 0 29

(2)        The number of CIC officers who were injured in the
detainee-on-detainee and detainee-on-staff assaults at CIC from 2010 to
2020 is as follows:

Year No. of CIC officers who were injured at CIC
Detainee-on-detainee assaults Detainee-on-staff assaults Total
2010* 0 4 4
2011 1 1 2
2012 1 0 1
2013 0 0 0
2014 0 0 0
2015 1 0 1
2016 4 1 5
2017 0 0 0
2018 0 0 0
2019 0 2 2
2020 6 0 6

(3)        The number of times oleoresin capsicum foam (i.e. pepper spray)
deployed for handling physical confrontations at CIC in 2011, 2016, 2017,
2018, 2019 and 2020 is as follows:

Year The number of times oleoresin capsicum foam (i.e. pepper spray)
deployed for handling physical confrontations at CIC
2011 1
2016 2
2017 3
2018 6
2019 5
2020 4

Remarks:
* The Immigration Department took over the management of CIC from the
Correctional Services Department on 15-04-2010.  The figures / information
in 2010 provided above cover the period from 15-04-2010 to 31-12-2010
only.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration