Regarding the use of X-ray scanners for searching detainees

Gigi Lo made this Freedom of Information request to Immigration Department

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Immigration Department,

I am writing to make a data access request about the use of X-ray scanners for searching detainees on admission to detention. May I know,

A) Whether the following institutions have employed X-ray scanners for searching detainees on admission to detention

I) Castle Peak Bay Immigration Centre

II) Ma Tau Kok Detention Centre

B) If so, when the X-ray scanners were introduced to the institution

C) Whether strip searches are conducted on detainees, and if so, what are the criteria for determining when a strip search is conducted

Thank you for your help with this inquiry.

Yours faithfully,

Gigi Lo

Immigration Department

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,

Our department has received your follow-up application for access to
information on 20.10.2021. 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 09.11.2021.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,

Further to the interim reply on 29.10.2021, 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 (if any). 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 09.12.2021.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,
I refer to your request for access to information on 20 October 2021 and
our interim replies to you on 29 October 2021 and 9 November 2021.  I
hereby provide you the following information.

For (A) & (B), X-ray body scanner has not been introduced at the Castle
Peak Bay Immigration Centre ("CIC") nor the Ma Tau Kok Detention Centre
("MTKDC").

For (C), the Immigration Department (“ImmD”) has formulated procedures and
guidelines on the conduct of body searches to safeguard the rights of the
persons to be searched and prevent any unnecessary searches. Such
procedures and guidelines ensure that officers of the ImmD, in exercising
their power of body search under the law, will, in the light of the
purposes of the search and the circumstances of individual cases, adopt
the principles of "rationality" and "proportionality" in determining the
scope of each search.

The searching of a detainee shall be conducted with due regard to decency
and self-respect, and in as seemly a manner as is consistent with the
necessity of discovering any concealed articles. No detainee shall be
stripped and searched in the sight of another detainee. No detainee shall
be searched other than by an officer of the ImmD of the same sex. The
search shall be properly documented with justification, scope of search,
authorizing officer and results.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Dear Immigration Department,

Thank you for your response and the information provided.

A) I note that you mention "procedures and guidelines on the conduct of body searches to safeguard the rights of the persons to be searched and prevent any unnecessary searches". Would you be able to provide these procedures and guidelines or direct me to where I may be able to find them?

B) Are body cavity ie. 1) vaginal searches or 2) rectum searches, conducted at CIC or MTKDC?

Yours faithfully,

Gigi Lo

Immigration Department

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,

Our department has received your follow-up application for access to
information on 13.12.2021. 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 02.01.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,

Further to the interim reply on 20.12.2021, 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 (if any). 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 01.02.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.4

Dear Gigi Lo,

Our department has received your follow-up application for access to
information on 13.01.2022. 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 02.02.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Dear Gigi Lo,

I regret that the preceding email should be sent to you for your another
application for access to information about religious services at the
Castle Peak Bay Immigration Centre ("CIC") dated 13.01.2022. I apologize
for any inconvenience caused.

If you have any enquiry, please contact the undersigned via this email.
Thank you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

From:        CICSECTION/IMMD/HKSARG
To:        [FOI #866 email]
Date:        25/01/2022 09:38
Subject:        Re: Freedom of Information request - Religious services at
CIC

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Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.4

Dear Gigi Lo,

Our department has received your follow-up application for access to
information on 13.01.2022. 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 02.02.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

1 Attachment

Our Reference: L/M (10) in ImmD CIC/6-5/10 (R) Pt.2

Dear Gigi Lo,
I refer to your follow-up request for information under the Code on Access
to Information on 13 December 2021 and our interim replies to you on 20
and 31 December 2021.  I hereby provide you with the following
information.

Part (A):
Staff of the Immigration Department ("ImmD") have all along been strictly
complying with rule 2 of the Immigration (Treatment of Detainees) Order,
Chapter 115E of the Laws of Hong Kong, and section 7 of Immigration
Service (Treatment of Detained Persons) Order, Chapter 331C of the Laws of
Hong Kong, in conducting search of detainees at the Castle Peak Bay
Immigration Centre ("CIC") and the Ma Tau Kok Detention Centre ("MTKDC").
The ImmD has also formulated procedures and guidelines on the conduct of
body searches to safeguard the rights of the persons to be searched and
prevent any unnecessary searches. Such procedures and guidelines, together
with the aforementioned statutory provisions, ensure that officers of the
ImmD, in exercising their power of body search under the law, will, in the
light of the purposes of the search and the circumstances of individual
cases, adopt the principles of "rationality" and "proportionality" in
determining the scope of each search.

Chapter 17 of the Operation Manual (Treatment of Detainees) of the CIC
about search of detainees at the CIC is attached below for your
information.

Regarding other procedures and guidelines, which are for staff's internal
reference, after careful consideration of your application, I must advise
you that we are not prepared to provide the information requested for the
reason set out in paragraph 2.6(e) of the Code on Access to Information
which states that a department may refuse to disclose information the
disclosure of which would harm or prejudice the prevention, investigation
and detection of crime and offences, the apprehension or prosecution of
offenders, or the security of any detention facility or prison.

If you are not satisfied with the above decision, you may ask the
Department to review the decision by writing to the Director of
Immigration, whose address is:-

Immigration Tower
7 Gloucester Road, Wan Chai
Hong Kong
Alternatively, you may complain to the Ombudsman, whose address is:-

30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong
Telephone : 2629 0555
Fax : 2882 8149

Part (B):
Such searches are not conducted at the CIC nor the MTKDC.

I hope the above information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration