Policy regarding immigration detainees at NKCI with children

H. Y. Fung made this Freedom of Information request to Correctional Services Department

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Dear Correctional Services Department,

I am writing to make an information access request about Nei Kwu Correctional Institution (NKCI). May I know,

What is the policy regarding detainees who have children? For example, for an immigration detainee who has a young child (such as below three years old), would the child:

a) be referred to the Social Welfare Department
b) be referred to International Social Services if the immigration detainee is a non-refoulement claimant
c) held with their parent / guardian in NKCI
d) other (please specify)

Any relevant information on this topic would be greatly appreciated. Thanks for your help on this matter.

Kind regards,
H. Y. Fung

email CSD, Correctional Services Department

2 Attachments

Dear Sir/ Madam,

Our department has received your application for access to information on
4.7.2023  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
24.7.2023.  In the meantime, please contact our staff Mr. CHAN via 2582
5192 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.”
重要事項
「本官方文件只供指定收件人使用。任何人士不得未經授權使用、保留、披露、複製
、列印、轉發或發放本官方文件,否則可能會負上民事或刑事責任。如果你不是本官
方文件的指定收件人,你必須迅速將本官方文件歸還寄件人,並銷毁本官方文件的任
何副本。如因錯誤致令你收到本官方文件,請立即通知寄件人。」
 

From:        "H. Y. Fung" <[FOI #1379 email]>
To:        "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date:        04.07.2023 11:30
Subject:        Freedom of Information request - Policy regarding
immigration detainees at NKCI with children

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

Dear Correctional Services Department,

I am writing to make an information access request about Nei Kwu
Correctional Institution (NKCI). May I know,

What is the policy regarding detainees who have children? For example, for
an immigration detainee who has a young child (such as below three years
old), would the child:

a) be referred to the Social Welfare Department
b) be referred to International Social Services if the immigration
detainee is a non-refoulement claimant
c) held with their parent / guardian in NKCI
d) other (please specify)

Any relevant information on this topic would be greatly appreciated.
Thanks for your help on this matter.

Kind regards,
H. Y. Fung

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

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #1379 email]

Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[3]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
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References

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email CSD, Correctional Services Department

2 Attachments

Dear Sir/ Madam,

I refer to your application for access to information under the Code on
Access to Information (“the Code”) to this Department on 4.7.2023 and our
interim reply to you on 13.7.2023.

The Correctional Services Department would manage the children of a female
person in custody in accordance with the provisions set out in Rule 21 of
Prison Rules (Cap. 234A).  

For more information, you may refer to the CSD’s website.
[1]https://www.csd.gov.hk/english/info/qa/q...
 
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.”
重要事項
「本官方文件只供指定收件人使用。任何人士不得未經授權使用、保留、披露、複製
、列印、轉發或發放本官方文件,否則可能會負上民事或刑事責任。如果你不是本官
方文件的指定收件人,你必須迅速將本官方文件歸還寄件人,並銷毁本官方文件的任
何副本。如因錯誤致令你收到本官方文件,請立即通知寄件人。」
 
From:        email CSD/CSD/HKSARG
To:        [FOI #1379 email]
Date:        13.07.2023 08:34
Subject:        Re: Freedom of Information request - Policy regarding
immigration detainees at NKCI with children

show quoted sections

Dear Correctional Services Department,

I am writing to make an information access request about Nei Kwu
Correctional Institution (NKCI). May I know,

What is the policy regarding detainees who have children? For example, for
an immigration detainee who has a young child (such as below three years
old), would the child:

a) be referred to the Social Welfare Department
b) be referred to International Social Services if the immigration
detainee is a non-refoulement claimant
c) held with their parent / guardian in NKCI
d) other (please specify)

Any relevant information on this topic would be greatly appreciated.
Thanks for your help on this matter.

Kind regards,
H. Y. Fung

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

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #1379 email]

Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[6]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

References

Visible links
1. https://www.csd.gov.hk/english/info/qa/q...
6. https://accessinfo.hk/en/change_request/...
7. https://accessinfo.hk/en/help/officers

Dear Correctional Services Department,

Thank you for your reply and the information provided. I have reviewed the link you shared and the relevant Rule 21 of Prison Rules (Cap. 234A).

I note that both sources indicate that a child may - depending on the circumstances - remain with their parent until three years of age. May I know what happens after the child reaches three years of age and the parent or guardian remains in immigration detention / under the custody of CSD?

Thanks for your help on this matter.

Kind regards,
H. Y. Fung

email CSD, Correctional Services Department

2 Attachments

Dear Sir/ Madam,

Our department has received your application for access to information on
17.8.2023  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
6.9.2023.  In the meantime, please contact our staff Mr. CHAN via 2582
5192 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.”
重要事項
「本官方文件只供指定收件人使用。任何人士不得未經授權使用、保留、披露、複製
、列印、轉發或發放本官方文件,否則可能會負上民事或刑事責任。如果你不是本官
方文件的指定收件人,你必須迅速將本官方文件歸還寄件人,並銷毁本官方文件的任
何副本。如因錯誤致令你收到本官方文件,請立即通知寄件人。」
 
From:        "H. Y. Fung" <[FOI #1379 email]>
To:        "email CSD" <[Correctional Services Department request email]>
Date:        17.08.2023 10:39
Subject:        Re: Freedom of Information request - Policy regarding
immigration detainees at NKCI with children

show quoted sections

This is a request under the Code of Access to Information facilitated via

the accessinfo.hk website.

Please use this email address for all replies to this request:

[FOI #1379 email]

Is [Correctional Services Department request email] the wrong address for
Freedom of Information requests

to Correctional Services Department? If so, please contact us using this

form:

[6][5]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on

the internet. Our privacy and copyright policies:

[7][6]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web

manager to link to us from your organisation's FOI page.

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

References

Visible links

1. [7]https://www.csd.gov.hk/english/info/qa/q...

6.
[8]https://accessinfo.hk/en/change_request/...

7. [9]https://accessinfo.hk/en/help/officers

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

Please use this email address for all replies to this request:

[FOI #1379 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[10]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

References

Visible links
3. https://www.csd.gov.hk/english/info/qa/q...
4. https://csdportal.csd.hksarg/images/cari...
5. https://accessinfo.hk/en/change_request/...
6. https://accessinfo.hk/en/help/officers
7. https://www.csd.gov.hk/english/info/qa/q...
8. https://accessinfo.hk/en/change_request/...
9. https://accessinfo.hk/en/help/officers
10. https://accessinfo.hk/en/help/officers

email CSD, Correctional Services Department

4 Attachments

Dear Sir/ Madam,

I refer to your application for access to information under the Code on
Access to Information to this Department on 17.8.2023 and our interim reply
to you on 25.8.2023.

As per statutory requirement, the child of a person in custody would not be
permitted to remain in prison upon attaining the age of three. Subject to
the individual circumstances of the case, the officers of the institution
concerned will make necessary arrangement to commit such child to the care
of such relative of the child or refer the case to the Social Welfare
Department as appropriate.

(HO Chung-tim)
for Commissioner of Correctional Services

(Embedded image moved to file: pic26500.jpg)total_caring_c
(Embedded image moved to file: pic19169.gif)

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 #1379 email]
Date: 25.08.2023 13:49
Subject: Re: Freedom of Information request - Policy regarding
immigration detainees at NKCI with children

Dear Sir/ Madam,

Our department has received your application for access to information on
17.8.2023  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
6.9.2023.  In the meantime, please contact our staff Mr. CHAN via 2582 5192
if you have any enquiry.

Correctional Services Department
HKSAR

(Embedded image moved to file: pic15724.jpg)total_caring_c (Embedded image
moved to file: pic11478.jpg)
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.”

重要事項

「本官方文件只供指定收件人使用。任何人士不得未經授權使用、保留、披露、複
製、列印、轉發或發放本官方文件,否則可能會負上民事或刑事責任。如果你不是本
官方文件的指定收件人,你必須迅速將本官方文件歸還寄件人,並銷毁本官方文件的
任何副本。如因錯誤致令你收到本官方文件,請立即通知寄件人。」

From: "H. Y. Fung" <[FOI #1379 email]>
To: "email CSD" <[Correctional Services Department request email]>
Date: 17.08.2023 10:39
Subject: Re: Freedom of Information request - Policy regarding
immigration detainees at NKCI with children

Dear Correctional Services Department,

Thank you for your reply and the information provided. I have reviewed the
link you shared and the relevant Rule 21 of Prison Rules (Cap. 234A).

I note that both sources indicate that a child may - depending on the
circumstances - remain with their parent until three years of age. May I
know what happens after the child reaches three years of age and the parent
or guardian remains in immigration detention / under the custody of CSD?

Thanks for your help on this matter.

Kind regards,

H. Y. Fung

show quoted sections