Dear Immigration Department,

I am writing to make an information request regarding detention review in immigration detention facilities. May I know,

1) Are lawyers of detainees informed of detention reviews in advance of the review being conducted? If so, how much in advance of the review would a detainee’s lawyer be informed?

2) Are lawyers of detainees / detainees themselves allowed to make submissions to the detention review process?

Thank you for your help with this matter.

Yours faithfully,

Surabhi Chopra

Records and Data Management Section, Immigration Department

Dear Surabhi Chopra,
                 
Thank you for your email.

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 1 June 2022.

Regards

(Mr S T Lam)
for Director of Immigration

From:        Surabhi Chopra <[FOI #1096 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        12/05/2022 12:37
Subject:        Freedom of Information request - Regarding advance notice
of detention review

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

Dear Immigration Department,

I am writing to make an information request regarding detention review in
immigration detention facilities. May I know,

1) Are lawyers of detainees informed of detention reviews in advance of
the review being conducted? If so, how much in advance of the review would
a detainee’s lawyer be informed?

2) Are lawyers of detainees / detainees themselves allowed to make
submissions to the detention review process?

Thank you for your help with this matter.

Yours faithfully,

Surabhi Chopra

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

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 #1096 email]

Is [Immigration Department request email] the wrong address for Freedom of Information requests to
Immigration Department? If so, please contact us using this form:

[1]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:

[2]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

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1. https://accessinfo.hk/en/change_request/...
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Records and Data Management Section, Immigration Department

Dear Surabhi Chopra,
I refer to your request for access to information on 12 May 2022.  Further
to our interim reply of 20 May 2022, our reply is provided as below.

The Immigration Department (“ImmD”) has all along strictly followed the
established detention policy, and in accordance with the relevant legal
requirements and legal principles established by the Court.  Each
detention case will be regularly and timely reviewed in accordance with
the prevailing mechanisms in order to determine whether an individual
should be further detained.  

According to the prevailing detention policy, person being detained by
ImmD will be notified of the detention by way of a "Notice on Detention
Policy" and "Notice of Detention", which amongst other things, informed
that the detention will be kept under regular review and will be reviewed
when there is a material change of circumstances.  
 
Detainees or their legal representatives could make any submissions to
ImmD for consideration.  ImmD will give due consideration to any
representation made against detention and each case is to be considered on
its own facts and merits.  The person concerned will be notified in
writing of the results of the review with justifications, and an interview
will be conducted with him/her to explain the relevant situation. Subject
to the circumstances of individual cases, persons being detained under
section 32 or 37 of the Immigration Ordinance (Cap. 115) will normally be
notified of the results of detention review by way of the Notice of Review
of Detention.  Person in custody is allowed to have a legal representative
present to advise him at any interview between that person and an
immigration officer.  

For details in respect of the detention policy, please visit
[1]https://www.immd.gov.hk/eng/useful_infor...

Access to Information Officer
Immigration Department

From:        RM/IMMD/HKSARG
To:        Surabhi Chopra <[FOI #1096 email]>
Date:        20/05/2022 10:25
Subject:        Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/214(R))

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

Dear Surabhi Chopra,
                 
Thank you for your email.

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 1 June 2022.

Regards

(Mr S T Lam)
for Director of Immigration

From:        Surabhi Chopra <[FOI #1096 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        12/05/2022 12:37
Subject:        Freedom of Information request - Regarding advance notice
of detention review

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

Dear Immigration Department,

I am writing to make an information request regarding detention review in
immigration detention facilities. May I know,

1) Are lawyers of detainees informed of detention reviews in advance of
the review being conducted? If so, how much in advance of the review would
a detainee’s lawyer be informed?

2) Are lawyers of detainees / detainees themselves allowed to make
submissions to the detention review process?

Thank you for your help with this matter.

Yours faithfully,

Surabhi Chopra

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

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 #1096 email]

Is [Immigration Department request email] the wrong address for Freedom of Information requests to
Immigration Department? If so, please contact us using this form:

[2]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:

[3]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.immd.gov.hk/eng/useful_infor...
2. https://accessinfo.hk/en/change_request/...
3. https://accessinfo.hk/en/help/officers