TCAB's PPP upon Commencement of Immigration (Amendment) Ordinance 2021

Response to this request is long overdue. By law, under all circumstances, Security Bureau should have responded by now (details). You can complain by requesting an internal review.

Dear Security Bureau,

While the Torture Claims Appeal Board (TCAB) has issued the seventh edition of its Principles, Procedures and the Practice Directions (PPP) dated 1 August 2021 (available at https://www.sb.gov.hk/eng/links/tcab/202...) upon the commencement of the Immigration (Amendment) Ordinance 2021, the PPP has no mention of the savings and transitional provisions under the newly added Schedule 5 to the Immigration Ordinance. I would appreciate if you could provide information on the following:

(1) Apart from the mentioned PPP, whether the TCAB has issued any other guidance/documents to TCAB Adjudicators and all parties to the appeals before the TCAB concerning the Immigration (Amendment) Ordinance 2021.
(a) If so, please provide a copy of such guidance/documents.
(b) If not, please advise on the TCAB’s plan on when and how to facilitate all such parties and Adjudicators’ understanding that "[f]or claims and appeals made before [1 August] but pending decisions by the ImmD or the TCAB, they will be handled in accordance with the savings and transitional provisions under the newly added Schedule 5 to the Immigration Ordinance. [1]"?

(2) The number of enquiries that the TCAB/NRCPO has received regarding the Immigration (Amendment) Ordinance 2021.
(a) Of these enquiries, the number of enquiries that the TCAB/NRCPO has received regarding the savings and transitional provisions under the newly added Schedule 5 to the Immigration Ordinance.

(3) Whether the TCAB/NRCPO has applied any of new provisions under the Immigration (Amendment) Ordinance 2021 to any appeals before the TCAB/NRCPO as at 24 August 2021 (or any other date that is convenient to you for the purpose of collating relevant information under this request).

Thank you for your assistance on this.

Kind regards,
Preston Cheung

[1] Government Press Release, “Immigration (Amendment) Ordinance 2021 to take effect from August 1”. 19 July 2021. Available at https://www.info.gov.hk/gia/general/2021....

Dear Security Bureau,

I refer you to my Access to Information request dated 4 August 2021, as enclosed below.

As set out by paragraph 1.16 of the Code on Access to Information, "[w]here possible, information will be made available within ten days of receipt of a written request. If that is not possible, the applicant will be so advised by an interim reply within ten days of receipt of the request. The target response time will then be twenty-one days from receipt of the request."

Please advise on the status of this information request. Thank you very much.

Kind regards,
Preston Cheung