Dear Gigi Lo,
                 
I refer to your email of 10 January 2023.
You may wish to note that part of your requested information ( procedures
/ guidelines of search conducted on detainees in Tai Tam Gap Correctional
Institution) should fall within the purview of Correctional Services
Department.

The remaining requested information would be forwarded to our relevant
Section for their reply.

Regards,

(S T Lam)
for Director of Immigration

From:        Gigi Lo <[FOI #1269 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        10/01/2023 10:06
Subject:        Freedom of Information request - Searches conducted on
immigration detainees in relation to court proceedings

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Dear Immigration Department,

I am writing to make an information access request regarding searches
conducted on immigration detainees in relation to court proceedings. May I
know, 

A) For immigration detainees who will appear in court, are there
procedures / guidelines on whether they will be searched prior and / or
after court hearings? 

B) Do these procedures / guidelines differ based on where the detainee is
being held? ie. whether these guidelines would differ if they were held in
Castle Peak Bay Immigration Centre, Ma Tau Kok Detention Centre, or Tai
Tam Gap Correctional Institution, or other locations of detention.

Any relevant information would be greatly appreciated. Thanks for your
help with this inquiry. I look forward to your response. 

Kind regards,

Gigi Lo

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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 #1269 email]

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Immigration Department? If so, please contact us using this form:

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Our Reference: L/M (594) in ImmD DR/6-5/10/R

Dear Gigi LO,
Our department has received your application for access to information on
10.01.2023.  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
30.01.2023.  In the meantime, please contact the undersigned via this
email if you have any enquiry.

Best regards,

LEE Chi-hang Jonathan
for Director of Immigration

Our Reference: L/M (594) in ImmD DR/6-5/10/R

Dear Gigi Lo,
Further to our interim reply of 19 January 2023, 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 1 March 2023.

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

Best regards,

CHAN, Tsz-ho
for Director of Immigration

Our Reference: L/M (594) in ImmD DR/6-5/10/R

Dear Gigi LO,
I hereby provide the following information:-

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,
authorising officer and results.

I hope the information is useful to you.

Best regards,

CHAN, Tsz-fung
for Director of Immigration