Provision of PFLA to non-refoulement claimants after 30 June 2022

Preston Cheung made this Freedom of Information request to Security Bureau

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Dear Security Bureau,

I refer to the November 2021 version of the Sample Assignment Letter (the Letter) from the Duty Lawyer Service (DLS)’s Legal Assistance Scheme for Non-refoulement Claimants (the CAT Scheme) provided in a separate Access to Information request (available at https://accessinfo.hk/en/request/legal_a...).

In the Letter at paragraph 6, it was said that “…there is a high probability that the Duty Lawyer Service's Legal Assistance Scheme for Non-refoulement Claimants will not be renewed after the expiry of the Memorandum of Administrative Arrangements on 30 June 2022”.

In light of the above, I would appreciate if you could provide the following information concerning the provision of publicly-funded legal assistance (PFLA) for non-refoulement claimants through both the CAT Scheme and the Pilot Scheme for Provision of Publicly-funded Legal Assistance for Non-refoulement Claimants (the Pilot Scheme) under the Security Bureau.

1. Please provide a copy, either signed or finalised, of the said Memorandum of Administrative Arrangements (the Memorandum).

2. Please advise if the Memorandum is the same one as mentioned in paragraph 13 in the paper prepared by the Security Bureau for the Legislative Council (LegCo)’s Panel on Security meeting on 29 September 2009 (LC Paper No. CB(2)2514/08-09(01); available at https://www.legco.gov.hk/yr08-09/english...).
a) If not, please provide a copy of all other similar memoranda, including expired ones.

3. Please provide in detail how the mentioned discontinuation of the CAT Scheme on 30 June 2022 would affect the provision of PFLA for non-refoulement claimants.

a) Particularly, please advise if the Pilot Scheme would continue its services after 30 June 2022.
(i) If so, whether the Pilot Scheme Office (PSO) would also have Court Liaison Officers whose functions similar to/same as those under the CAT Scheme to act as casework contact points, and to facilitate case management of the PSO.
(ii) If so, whether lawyers listed under the CAT Scheme as of 30 June 2022 would allowed/invited/encouraged to be listed under the Pilot Scheme to continue providing their services to claimants.

b) Please advise how ongoing non-refoulement cases as of 30 June 2022, assigned to Duty Lawyers under the CAT Scheme, before the Immigration Department and the Torture Claims Appeal Board/Non-refoulement Claims Petitions Office will be dealt with.
(i) Particularly, whether Duty Lawyers be allowed to continue their representation until a decision being made by ImmD/TCAB in respective cases. If not, whether these cases would be reassigned to lawyers listed under the Pilot Scheme according to the PSO's case assignment policy.

4. Please provide whether the services currently offered to claimants under the CAT Scheme would be absorbed by other schemes/programmes/initiatives operating under the DLS after 30 June 2022. If so, please elaborate on the transitional provisions and requirements for lawyers listed under other DLS schemes to represent claimants in USM proceedings.

5. Please provide a copy of any papers submitted to the LegCo by the Security Bureau in relation to the proposed discontinuation of the CAT Scheme.

Thank you very much for your assistance on this.

Regards,
Preston Cheung

Dear Mr Cheung,
Your application for Access to Information has been received. The
application is now under processing. We will give you a reply as soon as
possible.

Security Bureau

From: Preston Cheung <[FOI #1001 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 24/02/2022 00:20
Subject: Freedom of Information request - Provision of PFLA to
non-refoulement claimants after 30 June 2022

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Dear Security Bureau,

I refer to the November 2021 version of the Sample Assignment Letter (the
Letter) from the Duty Lawyer Service (DLS)’s Legal Assistance Scheme for
Non-refoulement Claimants (the CAT Scheme) provided in a separate Access
to Information request (available at
[1]https://accessinfo.hk/en/request/legal_a...).

In the Letter at paragraph 6, it was said that “…there is a high
probability that the Duty Lawyer Service's Legal Assistance Scheme for
Non-refoulement Claimants will not be renewed after the expiry of the
Memorandum of Administrative Arrangements on 30 June 2022”.

In light of the above, I would appreciate if you could provide the
following information concerning the provision of publicly-funded legal
assistance (PFLA) for non-refoulement claimants through both the CAT
Scheme and the Pilot Scheme for Provision of Publicly-funded Legal
Assistance for Non-refoulement Claimants (the Pilot Scheme) under the
Security Bureau.

1. Please provide a copy, either signed or finalised, of the said
Memorandum of Administrative Arrangements (the Memorandum).

2. Please advise if the Memorandum is the same one as mentioned in
paragraph 13 in the paper prepared by the Security Bureau for the
Legislative Council (LegCo)’s Panel on Security meeting on 29 September
2009 (LC Paper No. CB(2)2514/08-09(01); available at
[2]https://www.legco.gov.hk/yr08-09/english...).

a) If not, please provide a copy of all other similar memoranda, including
expired ones.

3. Please provide in detail how the mentioned discontinuation of the CAT
Scheme on 30 June 2022 would affect the provision of PFLA for
non-refoulement claimants.

a) Particularly, please advise if the Pilot Scheme would continue its
services after 30 June 2022.

(i) If so, whether the Pilot Scheme Office (PSO) would also have Court
Liaison Officers whose functions similar to/same as those under the CAT
Scheme to act as casework contact points, and to facilitate case
management of the PSO.

(ii) If so, whether lawyers listed under the CAT Scheme as of 30 June 2022
would allowed/invited/encouraged to be listed under the Pilot Scheme to
continue providing their services to claimants.

(i) Particularly, whether Duty Lawyers be allowed to continue their
representation until a decision being made by ImmD/TCAB in respective
cases. If not, whether these cases would be reassigned to lawyers listed
under the Pilot Scheme according to the PSO's case assignment policy.

4. Please provide whether the services currently offered to claimants
under the CAT Scheme would be absorbed by other
schemes/programmes/initiatives operating under the DLS after 30 June 2022.
If so, please elaborate on the transitional provisions and requirements
for lawyers listed under other DLS schemes to represent claimants in USM
proceedings.

5. Please provide a copy of any papers submitted to the LegCo by the
Security Bureau in relation to the proposed discontinuation of the CAT
Scheme.

Thank you very much for your assistance on this.

Regards,

Preston Cheung

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References

Visible links
1. https://accessinfo.hk/en/request/legal_a...
2. https://www.legco.gov.hk/yr08-09/english...
3. https://accessinfo.hk/en/change_request/...
4. https://accessinfo.hk/en/help/officers

Dear Mr Cheung,

Further to the interim reply of 2.3.2022. I am writing to inform you that
your application for Access to Information is still under processing and
more time is needed for obtaining relevant information. We will give you
a reply as soon as possible.

Thank you for your kind attention.

Security Bureau

From: SB-AIOREQ/SB/HKSARG
To: Preston Cheung <[FOI #1001 email]>,
Date: 02/03/2022 15:51
Subject: Re: Freedom of Information request - Provision of PFLA to
non-refoulement claimants after 30 June 2022