Solitary confinement at Castle Peak Bay Immigration Centre

Surabhi Chopra made this Freedom of Information request to Immigration Department

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Immigration Department did not have the information requested.

Dear Immigration Department,

I am writing to make a data access request about solitary confinement at Castle Peak Bay Immigration Centre. May I know, for each year between 2010 – 2020,

A) The number of persons put into solitary confinement

B) How long each person was put into solitary confinement (in days or other grouped categories as appropriate)

If a CSV or Excel format is possible, I would greatly appreciate it.

Yours faithfully,

Surabhi Chopra

Immigration Department

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

Dear Surabhi Chopra,

Our department has received your follow-up application for access to
information on 12.10.2021. 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 01.11.2021.

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 (6) in ImmD CIC/6-5/10 (R) Pt.2

Dear Surabhi Chopra,
I refer to your request for access to information on 12 October 2021 and
our interim reply to you on 21 October 2021.  I hereby provide you the
following information.

The Immigration Department (“ImmD”) does not maintain the requested
information of numbers of detainees who have been separately confined at
the Castle Peak Bay Immigration Centre ("CIC").  On the other hand, the
numbers of cases of physical confrontation involving detainees at the CIC
from 2010 to 2020 are tabulated below for your reference:

Year ^Note 1 No. of cases of physical confrontation involving
detainees at the CIC
2010 14
2011 27
2012 24
2013 21
2014 15
2015 26
2016 38
2017 24
2018 15
2019 14
2020 25

Note 1: The ImmD has taken over the management of the CIC from the
Correctional Services Department since 15 April 2010. The above table
covers the relevant figures of the CIC for the period from 15 April 2010
to 31 December 2020 only.

You may wish to know that a detainee at the CIC who contravenes any of the
rules of the Centre may, after due inquiry and upon being afforded an
opportunity to exculpate himself, be separately confined by order of the
Superintendent for a period not exceeding 7 days in accordance with the
Immigration (Treatment of Detainees) Order, Cap. 115E laws of Hong Kong
with a view to maintaining the good order in the Centre.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Dear Immigration Department,

Thank you for your email and the information provided. May I clarify,

A) Has every detainee that has been recorded as being involved in physical confrontations been placed in solitary confinement?

B) Are there exceptional circumstances where solitary confinement could exceed 7 days?

Thank you for your help with this inquiry.

Yours faithfully,

Surabhi Chopra

Dear Immigration Department,

I am writing to inquire on the status of my follow up request dated Nov 10, 2021. Please see the original email below and kindly respond soon.

Yours faithfully,

Surabhi Chopra

* * *
Dear Immigration Department,

Thank you for your email and the information provided. May I clarify,

A) Has every detainee that has been recorded as being involved in physical confrontations been placed in solitary confinement?

B) Are there exceptional circumstances where solitary confinement could exceed 7 days?

Thank you for your help with this inquiry.

Yours faithfully,

Surabhi Chopra

Records and Data Management Section, Immigration Department

Dear Surabhi Chopra,

Thanks for your email of 1 December 2021.

Regarding your access to information request on the caption subject, you
may wish to note that we did not receive the said request mentioned in
your email before. Your request, which was received by us only via your
email below on 1 December 2021, is now under our active processing.

Best regards

(Mr. W M Fung)
for Director of Immigration

From:        Surabhi Chopra <[FOI #845 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        01/12/2021 14:05
Subject:        Re: Freedom of Information request - Solitary confinement
at Castle Peak Bay Immigration Centre

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

Dear Immigration Department,

I am writing to inquire on the status of my follow up request dated Nov
10, 2021. Please see the original email below and kindly respond soon.

Yours faithfully,

Surabhi Chopra

* * *

Dear Immigration Department,

Thank you for your email and the information provided. May I clarify,

A) Has every detainee that has been recorded as being involved in physical
confrontations been placed in solitary confinement?

B) Are there exceptional circumstances where solitary confinement could
exceed 7 days?

Thank you for your help with this inquiry.

Yours faithfully,

Surabhi Chopra

show quoted sections

Immigration Department

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

Dear Surabhi Chopra,

Our department has received your follow-up application for access to
information on 01.12.2021. 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 21.12.2021.

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 (6) in ImmD CIC/6-5/10 (R) Pt.2

Dear Surabhi Chopra,
I refer to your request for access to information on 1 December 2021 and
our interim reply to you on 10 December 2021.  I hereby provide you the
following information.

A) Not every detainee involved in physical confrontations at the Castle
Peak Bay Immigration Centre (“CIC”) was imposed separate confinement. You
may wish to know that in case a suspected criminal offence is detected,
the case will be referred to the Police for further investigation.

B) The CIC has all along strictly followed the relevant provisions under
the Immigration (Treatment of Detainees) Order, Chapter 115E of the Laws
of Hong Kong. A detainee at the CIC who contravenes any of the rules of
the CIC may, after due inquiry and upon being afforded an opportunity to
exculpate himself, be separately confined by order of the Superintendent
for a period not exceeding 7 days in accordance with the Order..

I hope the information is useful to you.

Best Regards,

LEI Wa-yan
for Director of Immigration