Strip searches at TTGCI

Raquel Amador 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.

The request was refused by Immigration Department.

Dear Immigration Department,

I am writing to make a data access request regarding strip searches at Tai Tam Gap Correctional Institution. May I know, for each month since the start of its recommissioning as a detention centre,

A) The number of strip searches conducted, broken down by

I) Sex of the detainee (male, transgender)

II) Purpose of the search

III) Type of search

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

Yours faithfully,

Raquel Amador

Records and Data Management Section, Immigration Department

Dear Raquel Amador,
We refer to your email dated 21 October 2021
You may wish to note that your requested information falls within the
purview of Correction Services Department.  
In this regards, your consent is required before we transfer your request
to the Correction Services Department for their reply.  Your reply by 1
November 2021 is much appreciated.
Regards
(Mr. W M Fung)
for Director of Immigration

From:        Raquel Amador <[FOI #877 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        21/10/2021 10:42
Subject:        Freedom of Information request - Strip searches at TTGCI

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

Dear Immigration Department,

I am writing to make a data access request regarding strip searches at Tai
Tam Gap Correctional Institution. May I know, for each month since the
start of its recommissioning as a detention centre,

A) The number of strip searches conducted, broken down by

I) Sex of the detainee (male, transgender)

II) Purpose of the search

III) Type of search

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

Yours faithfully,

Raquel Amador

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

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 #877 email]

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Dear Records and Data Management Section,

Thank you for your email. Please forward my request to the Correctional Services Department.

Yours sincerely,

Raquel Amador

Records and Data Management Section, Immigration Department

Dear Raquel Amador,
Thanks for your email dated 26 October 2021.

Please be informed that pursuant to your consent given, your request has
been transferred to the Correctional Services Department on 26 October
2021.

Regards

(Mr. W M Fung)
for Director of Immigration

From:        Raquel Amador <[FOI #877 email]>
To:        Records and Data Management Section <[Immigration Department request email]>
Date:        26/10/2021 11:34
Subject:        Re:Freedom of Information request - Strip searches at
TTGCI

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

Dear Records and Data Management Section,

Thank you for your email. Please forward my request to the Correctional
Services Department.

Yours sincerely,

Raquel Amador

show quoted sections

3 Attachments

Dear Ms. Raquel Amador,
        Your application for access to information entitled “Strip
searches at TTGCI” submitted to the Immigration Department on 21.10.2021
has recently been directed to this department.

2.        Your application is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, this department will
inform you of the latest progress of the case separately on or before
15.11.2021.

3.        In the meantime, please contact Principal Officer Mr. YEUNG
Chun-yu at 2582 6021 if you have any enquiry.

Correctional Services Department
[1]total_caring_c                      
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

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3 Attachments

Dear Ms. Raquel Amador,
Further to our interim reply of 9.11.2021, a substantive reply to your
request for information is as follows.
2.        Pursuant to Section 9 of the Prison Rules (Cap. 234A), every
prisoner shall be searched on admission and at such times subsequently as
the Superintendent or other officer in charge may direct, and all articles
for the possession of which no authority has been given shall be taken
from him. Besides, the Medical Officer, or a Chief Officer, Principal
Officer, Officer or Nurse, authorized by the Medical Officer, may, for
such purpose, search the rectum, nostrils, ears and any other external
orifice of a prisoner.

3.        Concerning your request for details and statistics regarding
strip searches at Tai Tam Gap Correctional Institution, we are unable to
accede to your request on the grounds of paragraph 2.6(e) of the Code on
Access to Information (the Code).  Paragraph 2.6(e) of the Code refers to
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.

4.        You may also wish to note that pursuant to paragraph 1.25 of the
Code, any person who believes that a department has failed to comply with
any provision of the Code may ask the department to review the situation.
 Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the code may also complain to The Ombudsman.  The Ombudsman’s address is –

                30/F, China Merchants Tower
                Shun Tak Centre
                168-200 Connaught Road Central
                Hong Kong
                Telephone : 2629 0555
                Fax : 2882 8149
Enquiry
5.        Should you have any enquiry, please contact our Principal
Officer, Mr. YEUNG Chun-yu, at 2582 6021.

Correctional Services Department
HKSAR
[1]total_caring_c                      
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

From:        email CSD/CSD/HKSARG
To:        "Raquel Amador" <[FOI #877 email]>
Date:        09.11.2021 11:50
Subject:        Re: Freedom of Information request - Strip searches at
TTGCI

show quoted sections

Dear Correctional Services Department,

Thank you for your response. May I clarify,

A) Have body cavity (ie. rectum) searches been conducted at Tai Tam Gap Correctional Institution?

Thank you for your help.

Yours sincerely,

Raquel Amador

3 Attachments

Dear Ms. Raquel Amador,
        Our department has received your application for access to
information on 13.12.2021.

2.        Your application is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, this department will
inform you of the latest progress of the case separately on or before
2.1.2022.

3.        In the meantime, please contact Principal Officer Mr. LAM
Shiu-fung at 2582 6021 if you have any enquiry.

Correctional Services Department      
[1]total_caring_c                      
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

From:        "Raquel Amador" <[FOI #877 email]>
To:        "email CSD" <[email address]>
Date:        13.12.2021 15:58
Subject:        Re: Freedom of Information request - Strip searches at
TTGCI

show quoted sections

Please use this email address for all replies to this request:

[FOI #877 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]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
3. https://csdportal.csd.hksarg/images/cari...
4. https://accessinfo.hk/en/help/officers

3 Attachments

Dear Ms. Raquel Amador,
Further to our interim reply of 17.12.2021, a substantive reply to your
request for information is as follows.
2.        Pursuant to Rule 9 of the Prison Rules (Cap. 234A), every
prisoner shall be searched on admission and at such times subsequently as
the Superintendent or other officer in charge may direct, and all articles
for the possession of which no authority has been given shall be taken
from him. Besides, the Medical Officer, or a Chief Officer, Principal
Officer, Officer or Nurse, authorized by the Medical Officer, may, for
such purpose, search the rectum, nostrils, ears and any other external
orifice of a prisoner.

3.        Concerning your request for details and statistics regarding
strip searches at Tai Tam Gap Correctional Institution, we are unable to
accede to your request on the grounds of paragraph 2.6(e) of the Code on
Access to Information (the Code).  Paragraph 2.6(e) of the Code refers to
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.

4.        You may also wish to note that pursuant to paragraph 1.25 of the
Code, any person who believes that a department has failed to comply with
any provision of the Code may ask the department to review the situation.
 Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the code may also complain to The Ombudsman. The Ombudsman’s address is –

                30/F, China Merchants Tower
                Shun Tak Centre
                168-200 Connaught Road Central
                Hong Kong
                Telephone : 2629 0555
                Fax : 2882 8149
Enquiry
5.        Should you have any enquiry, please contact our Principal
Officer, Mr. LAM Shiu-fung, Johnny, at 2582 6021.

Correctional Services Department
HKSAR
[1]total_caring_c                      
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
 

From:        email CSD/CSD/HKSARG
To:        "Raquel Amador" <[FOI #877 email]>
Date:        17.12.2021 16:21
Subject:        Re: Freedom of Information request - Strip searches at
TTGCI

show quoted sections

Dear Correctional Services Department,

Thank you for your response. May I clarify,

A) Have body cavity (ie. rectum) searches been conducted at Tai Tam Gap
Correctional Institution?

Thank you for your help.

Yours sincerely,

Raquel Amador

show quoted sections