Procedures regarding migrants who commit immigration and / or criminal offences

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

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Dear Immigration Department,

I am writing to make an information request regarding migrants (non-local persons) who commit immigration and / or criminal offences. May I know,

A) If a migrant (ie. Non-local) commits a criminal offence and is a prisoner on remand, would they be held in an immigration detention facility or a prison facility?

B) If a migrant (ie. Non-local) commits an immigration offence, would they go to court to face potential charges and if charged be sent to prison, or would they be sent directly to an immigration detention centre?

C) If there are any relevant policy or guidelines applicable in these situations that could be provided, I would greatly appreciate it.

Thanks very much for your help on this matter. I look forward to your response.

Kind regards,
H. Y. Fung

Immigration Department

Our ref. : IL/00738477/22, ImmD RM/6-5/10/2022/564(R)



Dear H.Y. Fung,


Re: FOI Requests at Immigration Department


I refer to your enquiry of 15 November 2022.


Whilst each case depends on its own facts, in general, immigration
detention facilities are set up for detaining detainees whose detention is
authorised under the Immigration Ordinance, Cap 115, Laws of Hong Kong. 
Where the power to detain a person does not come from the Immigration
Ordinance, such person shall be kept in a place of detention in accordance
with the detention authority and the relevant law.


I hope the above information is useful for you.


Best regards,



YEUNG Wing-hei (Ms)

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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