Our ref. : ImmD RM/6-5/10/2021/624(R)

Dear Gigi Lo,
 

I refer to your request for information under the Code on Access to
Information dated 20 October 2021.

As time is required to gather information from various parties, we are
unable to provide you with the information sought at this stage.  Pursuant
to paragraph 1.16 of the Code on Access to Information, you will be
advised further in relation to your request on or before 9 November 2021.

Should you have any questions in the meantime, please contact the
undersigned at 2829 4148.

Thank you for your kind attention.

Regards,

LEUNG Noel

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.

show quoted sections

Our ref. : ImmD RM/6-5/10/2021/624(R)

Dear Gigi Lo,

I refer to your request for information under the Code on Access to
Information dated on 20 October 2021 and our interim reply of 29 October
2021.  I hereby provide you the following information.

Question (A)&(B): What is the difference between the terms “repatriation”
and “removal”? Does the term repatriation include both forcible and
voluntary repatriation?

Under the context of the Immigration Ordinance (Cap. 115), “Removal” means
the removal of a person from Hong Kong under section 18 in accordance with
section 24 if such person is refused permission to land under section
11(1) of Cap. 115 or a removal order or a deportation order is in force in
accordance with section 25 of the same Ordinance.

"Repatriation" generally refers to the arrangement of persons liable to be
removed from Hong Kong under Cap. 115 to leave Hong Kong.  When performing
removal duties, the Immigration Department (ImmD), by virtue of the power
conferred by law, ensures safe and early repatriation of removees to their
places of origin in accordance with the relevant departmental procedures
and guidelines.

For removees who are willing to return to their places of origin
voluntarily, suitable transportation will be arranged by ImmD officers for
their return to their places of origin as soon as possible.

For removees who remain reluctant to leave Hong Kong, the ImmD will first
explain to them the situation of their cases and try to make them
co-operate.  If their resistance persists and situation and circumstances
of case warrant, ImmD will consider the need to conduct forced
repatriation.

In general, the ImmD will give lawful removal directions under the
Ordinance and carry out the repatriation in accordance with the prevailing
policies and laid down procedures.

Question (C): And if so, does the Immigration Department maintain
information on number of forcible and voluntary repatriations made in each
year?

The Immigration Department does not maintain the requested information.

I hope the above information is useful to you.

Regards,

Access to Information Officer

Immigration Department

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.

show quoted sections

Dear Gigi Lo,

Thanks for your email of 30 November 2021.

Regarding your new request of seeking additional information under the
captioned reference, we should be grateful if you would clarify and
indicate on or before 10 December 2021 the sources that your are referring
to (e.g. relevant published statistics) in respect of following terms as
quoted in your email:

(i)        "number of repatriations" in question (1)

(ii)        " expenditure spent on repatriation"  in question (2); and

(iii)        "number of persons repatriated, removed or deported" in
question (3).

 
Best regards

(Mr. W M Fung)
for Director of Immigration

From:        Gigi Lo <[FOI #863 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        30/11/2021 17:51
Subject:        Re: Code on Access to Information [Our ref.: ImmD
RM/6-5/10/2021/624(R)]

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

Dear Immigration Department,

Thank you for your reply and the explanations provided. I would like to
ask for additional clarification:

1)                 May I confirm that the number of repatriations includes
a) persons who are removed via deportation orders, b) removal orders, and
c) those removed without either order? In other words, the number of
persons "repatriated" would be the sum of all persons removed from Hong
Kong by the Immigration Department?

2)                 Similarly, would expenditure spent on repatriation
equate to the sum of expenditure spent on deportation and removal?

3) Are persons who are "refused permission to land" included in the number
of persons repatriated, removed, or deported?

Please advise any supplemental explanation or information on the
distinctions between repatriation, deportation, and removal as relevant.

Thank you for your help with this inquiry.

Yours faithfully,

Gigi Lo

show quoted sections

Dear Gigi Lo,
I refer to our preceding email dated 3 December 2021, which is
self-explanatory

Please be informed that we are still awaiting the requested information
mentioned in the said email.  The requested information is vital to the
processing of your request.  If you do not reply by 23 December 2021,  the
case will be closed without further notice.  After the closure of the
case, you may submit a fresh application if you wish to have the requested
information in the future.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        [Immigration Department request email]
To:        Gigi Lo <[FOI #863 email]>
Date:        03/12/2021 17:17
Subject:        Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Gigi Lo,

Thanks for your email of 30 November 2021.

Regarding your new request of seeking additional information under the
captioned reference, we should be grateful if you would clarify and
indicate on or before 10 December 2021 the sources that your are referring
to (e.g. relevant published statistics) in respect of following terms as
quoted in your email:

(i)        "number of repatriations" in question (1)

(ii)        " expenditure spent on repatriation"  in question (2); and

(iii)        "number of persons repatriated, removed or deported" in
question (3).

 
Best regards

(Mr. W M Fung)
for Director of Immigration

From:        Gigi Lo <[FOI #863 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        30/11/2021 17:51
Subject:        Re: Code on Access to Information [Our ref.: ImmD
RM/6-5/10/2021/624(R)]

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

Dear Immigration Department,

Thank you for your reply and the explanations provided. I would like to
ask for additional clarification:

1)                 May I confirm that the number of repatriations includes
a) persons who are removed via deportation orders, b) removal orders, and
c) those removed without either order? In other words, the number of
persons "repatriated" would be the sum of all persons removed from Hong
Kong by the Immigration Department?

2)                 Similarly, would expenditure spent on repatriation
equate to the sum of expenditure spent on deportation and removal?

3) Are persons who are "refused permission to land" included in the number
of persons repatriated, removed, or deported?

Please advise any supplemental explanation or information on the
distinctions between repatriation, deportation, and removal as relevant.

Thank you for your help with this inquiry.

Yours faithfully,

Gigi Lo

show quoted sections

Dear Gigi Lo,
                 
Thank you for your email of 22 December 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 11 January 2022.
Regards

(Mr. W M Fung)
for Director of Immigration

From:        Gigi Lo <[FOI #863 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        22/12/2021 11:21
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Immigration Department,

Thank you for your email. Broadly I would like to understand how the terms
'repatriation', 'removal', and 'deportation' are related as they are
appear to be used interchangeably at times. Please see the following
documents cited as examples of this query.

For item (i) "number of repatriations", I have seen this number in
Appendix 13 of the Immigration Department Annual Reports (for example:
[1]https://www.immd.gov.hk/publications/a_r...).
The term "destinations for repatriation" is also used on p347 of this
document ([2]https://www.legco.gov.hk/yr20-21/english...),
however the term "number of persons removed" is used to refer to the same
data. In this case, would 'number of persons removed' be included in the
'number of repatriations' in Appendix 13 of the Annual Reports? Is 'number
of persons removed' here referring to "the removal of a person from Hong
Kong under section 18 in accordance with section 24 if such person is
refused permission to land under section 11(1) of Cap. 115 or a removal
order or a deportation order is in force in accordance with section 25 of
the same Ordinance" or generally to the "arrangement of persons liable to
be removed from Hong Kong under Cap. 115 to leave Hong Kong" as stated in
your previous email?

Regarding (ii) " expenditure spent on repatriation", for example,
expenditure spent on repatriation of rejected non-refoulement claimants is
show on p274 of this document
([3]https://www.legco.gov.hk/yr20-21/english...). Prior to
this table, on p273, the 'number of claimants removed'. In this case, is
the term 'removed' used interchangeably with the term 'repatriation'? In
this case, would the 'number of claimants removed' be included in the
'number of repatriations' in Appendix 13 rather than 'removal orders
executed'?

Regarding item (iii)"number of persons repatriated, removed or deported",
in p273 of this document
([4]https://www.legco.gov.hk/yr20-21/english...), the
number of non-refoulement claimants 'removed' is listed. Considering that
the number of removal orders executed in both 2018 and 2019
([5]https://www.immd.gov.hk/publications/a_r...)
is less than the number of claimants removed, does this mean that
'removed' in the former document is used to refer to 'repatriation' rather
than 'removed via a removal order'?

Lastly, how are 'removal orders executed', 'deportation orders executed',
and 'number of persons repatriated' in Appendix 13 of the Annual Reports
related? Are they distinct categories that do not overlap? For example,
would 'number of persons repatriated' include 'removal orders' and / or
'deportation orders'?

Thank you for your help.

Yours sincerely,

Gigi Lo

show quoted sections

Dear Gigi Lo,

Further to our interim reply of 30 December 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.  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 10 February 2022.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Records and Data Management Section <[Immigration Department request email]>
To:        Gigi Lo <[FOI #863 email]>
Date:        30/12/2021 17:00
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Gigi Lo,
                 
Thank you for your email of 22 December 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 11 January 2022.
Regards

(Mr. W M Fung)
for Director of Immigration

From:        Gigi Lo <[FOI #863 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        22/12/2021 11:21
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Immigration Department,

Thank you for your email. Broadly I would like to understand how the terms
'repatriation', 'removal', and 'deportation' are related as they are
appear to be used interchangeably at times. Please see the following
documents cited as examples of this query.

For item (i) "number of repatriations", I have seen this number in
Appendix 13 of the Immigration Department Annual Reports (for example:
[1]https://www.immd.gov.hk/publications/a_r...).
The term "destinations for repatriation" is also used on p347 of this
document ([2]https://www.legco.gov.hk/yr20-21/english...),
however the term "number of persons removed" is used to refer to the same
data. In this case, would 'number of persons removed' be included in the
'number of repatriations' in Appendix 13 of the Annual Reports? Is 'number
of persons removed' here referring to "the removal of a person from Hong
Kong under section 18 in accordance with section 24 if such person is
refused permission to land under section 11(1) of Cap. 115 or a removal
order or a deportation order is in force in accordance with section 25 of
the same Ordinance" or generally to the "arrangement of persons liable to
be removed from Hong Kong under Cap. 115 to leave Hong Kong" as stated in
your previous email?

Regarding (ii) " expenditure spent on repatriation", for example,
expenditure spent on repatriation of rejected non-refoulement claimants is
show on p274 of this document
([3]https://www.legco.gov.hk/yr20-21/english...). Prior to
this table, on p273, the 'number of claimants removed'. In this case, is
the term 'removed' used interchangeably with the term 'repatriation'? In
this case, would the 'number of claimants removed' be included in the
'number of repatriations' in Appendix 13 rather than 'removal orders
executed'?

Regarding item (iii)"number of persons repatriated, removed or deported",
in p273 of this document
([4]https://www.legco.gov.hk/yr20-21/english...), the
number of non-refoulement claimants 'removed' is listed. Considering that
the number of removal orders executed in both 2018 and 2019
([5]https://www.immd.gov.hk/publications/a_r...)
is less than the number of claimants removed, does this mean that
'removed' in the former document is used to refer to 'repatriation' rather
than 'removed via a removal order'?

Lastly, how are 'removal orders executed', 'deportation orders executed',
and 'number of persons repatriated' in Appendix 13 of the Annual Reports
related? Are they distinct categories that do not overlap? For example,
would 'number of persons repatriated' include 'removal orders' and / or
'deportation orders'?

Thank you for your help.

Yours sincerely,

Gigi Lo

show quoted sections

Dear Gigi Lo,
I refer to your request for access to information on 30 November 2021 and
clarification of your request by email on 22 December 2021.  Further to
our interim replies of 30 December 2021 and 11 January 2022, our reply is
provided as below, please.

As previously replied, under the context of the Immigration Ordinance
(Cap. 115), “Removal” means the removal of a person from Hong Kong under
section 18 in accordance with section 24 if such person is refused
permission to land under section 11(1) of Cap. 115 or removal of a person
of whom a removal order (‘RO”) or a deportation order (“DO”) is in force
in accordance with section 25 of the same Ordinance.

"Repatriation" generally refers to the arrangement of persons liable to be
removed from Hong Kong under Cap. 115 to leave Hong Kong.  When performing
removal duties, the Immigration Department (ImmD), by virtue of the power
conferred by law, ensures safe and early repatriation of removees to their
places of origin in accordance with the relevant departmental procedures
and guidelines.

As regards “Deportation”, under the context of Cap. 115, the Chief
Executive (CE) under section 20(1)(a) of Cap. 115 may make a deportation
order against an immigrant if the immigrant has been found guilty in Hong
Kong of an offence punishable with imprisonment for not less than two
years. The CE's power has been delegated to the Secretary for Security.
 Also, the CE may make a deportation order under section 20(1)(b) of Cap.
115 if he deems it to be conducive to the public good.  The CE's power has
been delegated to the Secretary for Security.

As stated in the said Reply Serial No. SB121, the figures tabulated under
the quoted term "number of persons removed" referred to the number of
non-refoulement claimants removed in the past 3 years (i.e. 2018, 2019 and
2020).  Separately, the said Reply Serial No. SB136 set out the total
number of persons removed (including those under Removal Order
(RO)/Deportation Order (DO) and non-DO/non-RO cases) in the past 3 years
(i.e. 2018, 2019 and 2020), regardless of whether they were
non-refoulement claimants or not.

You may wish to note that the terms “removal” may also be adopted in
general to denote similar meaning of “repatriation” in arranging a person
to leave Hong Kong, not necessarily upon execution of a removal order.

Appendix 13 of Annual Report provided the number of RO executed and DO
executed.
 
I hope the above information is useful to you.

Access to Information Officer
Immigration Department

From:        Records and Data Management Section <[Immigration Department request email]>
To:        Gigi Lo <[FOI #863 email]>
Date:        11/01/2022 15:12
Subject:        Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Gigi Lo,

Further to our interim reply of 30 December 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.  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 10 February 2022.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Records and Data Management Section <[Immigration Department request email]>
To:        Gigi Lo <[FOI #863 email]>
Date:        30/12/2021 17:00
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Gigi Lo,
                 
Thank you for your email of 22 December 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 11 January 2022.
Regards

(Mr. W M Fung)
for Director of Immigration

From:        Gigi Lo <[FOI #863 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        22/12/2021 11:21
Subject:        Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2021/697(R))

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

Dear Immigration Department,

Thank you for your email. Broadly I would like to understand how the terms
'repatriation', 'removal', and 'deportation' are related as they are
appear to be used interchangeably at times. Please see the following
documents cited as examples of this query.

For item (i) "number of repatriations", I have seen this number in
Appendix 13 of the Immigration Department Annual Reports (for example:
[1]https://www.immd.gov.hk/publications/a_r...).
The term "destinations for repatriation" is also used on p347 of this
document ([2]https://www.legco.gov.hk/yr20-21/english...),
however the term "number of persons removed" is used to refer to the same
data. In this case, would 'number of persons removed' be included in the
'number of repatriations' in Appendix 13 of the Annual Reports? Is 'number
of persons removed' here referring to "the removal of a person from Hong
Kong under section 18 in accordance with section 24 if such person is
refused permission to land under section 11(1) of Cap. 115 or a removal
order or a deportation order is in force in accordance with section 25 of
the same Ordinance" or generally to the "arrangement of persons liable to
be removed from Hong Kong under Cap. 115 to leave Hong Kong" as stated in
your previous email?

Regarding (ii) " expenditure spent on repatriation", for example,
expenditure spent on repatriation of rejected non-refoulement claimants is
show on p274 of this document
([3]https://www.legco.gov.hk/yr20-21/english...). Prior to
this table, on p273, the 'number of claimants removed'. In this case, is
the term 'removed' used interchangeably with the term 'repatriation'? In
this case, would the 'number of claimants removed' be included in the
'number of repatriations' in Appendix 13 rather than 'removal orders
executed'?

Regarding item (iii)"number of persons repatriated, removed or deported",
in p273 of this document
([4]https://www.legco.gov.hk/yr20-21/english...), the
number of non-refoulement claimants 'removed' is listed. Considering that
the number of removal orders executed in both 2018 and 2019
([5]https://www.immd.gov.hk/publications/a_r...)
is less than the number of claimants removed, does this mean that
'removed' in the former document is used to refer to 'repatriation' rather
than 'removed via a removal order'?

Lastly, how are 'removal orders executed', 'deportation orders executed',
and 'number of persons repatriated' in Appendix 13 of the Annual Reports
related? Are they distinct categories that do not overlap? For example,
would 'number of persons repatriated' include 'removal orders' and / or
'deportation orders'?

Thank you for your help.

Yours sincerely,

Gigi Lo

show quoted sections