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

Preston Cheung made this Freedom of Information request to Security Bureau

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The request was successful.

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

Dear Security Bureau,

I believe there was a technical issue with my email server earlier in the month, potentially blocking off replies from your end. Please advise if that is the case, and if not, please advise on the status of this information request.

Thank you very much.

Kind regards,
Preston Cheung

Security Bureau

Dear Mr Cheung,

Preceding replied emails (both interim and final reply) had already sent
out to your given email <[FOI #726 email]>.  Please
see our reply as below, thanks.

Security Bureau

======original final reply sent on 9.9.2021, one day after "DELIVERY
FAILURE" received =======

Dear Mr Cheung,

Thank you for your email of 24 August 2021.  Our reply is given as
follows:

1        (a) Generally speaking, all non-refoulement claims made after 1
August 2021 are being handled in accordance with the requirements under
the new provisions of the amended Immigration Ordinance (Cap. 115).  For
claims and appeals made before this date but pending decisions by
Immigration Department (“ImmD”) or Torture Claims Appeal Board (“TCAB”),
they are being handled in accordance with the savings and transitional
provisions under the newly added Schedule 5 to the Immigration Ordinance.

Principles, Procedures and the Practice Directions of TCAB and the
Practice and Procedural Guide of the Administrative Non-refoulement Claims
Petition Scheme have been updated on 1 August 2021, with the enhanced
procedures and functions of TCAB under the amended Immigration Ordinance
incorporated.  Both documents are available on the website of the Security
Bureau ([1]https://www.sb.gov.hk/eng/links/tcab/ind...).  

(b) The appellants/petitioners who are affected by the Schedule 5 to the
Immigration Ordinance will be notified by TCAB when and if necessary.

2        No enquiry about the amended Immigration Ordinance has been
received by TCAB so far.
3        Every case shall be handled by TCAB in accordance with individual
circumstances and merits.  The Board has not maintained the requested
statistics.

Regards,
Manyi Wong
Security Bureau

====== original interim reply sent on 31.8.2021, one day after "DELIVERY
FAILURE" received and resent again on 1.9.2021,2.9.2021 & 3.9.2021, but
continued unsuccess) ====

Dear Mr Cheung,

Our Bureau has received your application for access to information on 24
August 2021.  Your application is now under processing.  According to
paragraph 1.16 of the Code on Access to Information, our Bureau will
inform you of the latest progress of the case separately on or before 13
September 2021.  In the meantime, please contact me at 3106 3749 if you
have any questions.  Thank you.

Regards,
Manyi Wong
Security Bureau

From:        Preston Cheung <[FOI #726 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        20/09/2021 14:25
Subject:        [Possible SPAM] Re: Freedom of Information request -
TCAB's PPP upon Commencement of Immigration (Amendment) Ordinance 2021

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Dear Security Bureau,

I believe there was a technical issue with my email server earlier in the
month, potentially blocking off replies from your end. Please advise if
that is the case, and if not, please advise on the status of this
information request.

Thank you very much.

Kind regards,
Preston Cheung

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