Dear Department of Justice,

I would be grateful if you could provide information on (1) the number of unlawful detention claims brought against the Immigration Department, and (2) the outcome of these claims (e.g. withdrawn, settled out-of-court, proceed to trial, ongoing, and other categories as appropriate), each year from 2010 – 2020.

Thank you very much for your assistance.

Kind Regards,
Rachel Li

Department of Justice

Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件,內容備悉。如有需要,我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Department of Justice

Dear Ms. Li,
        Our department has received your application for access to
information on 13 April 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 3 May 2021. In the meantime, please contact me at 3918 4437
if you have any enquiry.

Regards,
Ms. Maggie Or
Executive Officer (Civil Division) 1
Department of Justice

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Department of Justice

Dear Ms Li,

We refer to your email of 13 April 2021 to the Department of Justice
requesting for access to the following information.  We also refer to our
email of 22 April 2021.

(1)        the number of unlawful detention claims brought against the
Immigration Department; and
(2)        the outcome of these claims (e.g. withdrawn, settled
out-of-court, proceed to trial, ongoing, and other categories as
appropriate), each year from 2010-2020.

2.        Having considered your request for information, please be
informed that we are unable to accede to your request on the grounds of
paragraphs 1.14 and 2.9(c) of the Code on Access to Information ("the
Code") respectively.  Paragraph 1.14 of the Code stipulates, inter alia,
that the Code does not oblige departments to acquire information not in
their possession, nor to create a record which does not exist.  Paragraph
2.9(c) of the Code refers to information the disclosure of which would
harm or prejudice the proper and efficient conduct of the operations of a
department.

3.        If you are not satisfied with our decision, please also be
informed that under the Code, you may seek an internal review of our
decision not to accede to your request.  Our address is 2/F, Main Wing and
East Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong.  You
may also make a complaint to the Ombudsman if you consider that this
Department has failed to comply with the Code.  The Ombudsman’s address is
:-

30/F, China Merchants Tower,
Shuk Tak Centre,
168-200 Connaught Road Central,
Hong Kong

Telephone no.: (852) 2629 0555
Fax no.: (852) 2882 8149
Email: [email address]

Regards,
Jason Leung
Executive Officer (Civil Division) 3
Department of Justice

From:        Maggie LY OR/DOJ/HKSARG
To:        [FOI #606 email]
Date:        22/04/2021 14:51
Subject:        Re : Freedom of Information request - Unlawful detention
claims brought against Immigration Department

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

Dear Ms. Li,
        Our department has received your application for access to
information on 13 April 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 3 May 2021. In the meantime, please contact me at 3918 4437
if you have any enquiry.

Regards,
Ms. Maggie Or
Executive Officer (Civil Division) 1
Department of Justice

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Dear Department of Justice,

Please pass this on to the person who conducts Access to Information reviews.

I am writing to request an internal review of Department of Justice's handling of my request 'Unlawful detention claims brought against Immigration Department'.

In your Department's reply dated 3 May 2021, Mr Jason Leung stated that the Department of Justice is not able to provide information on the following, having regard to paragraphs 1.14 and 2.9 (c) of the Code on Access to Information:

(1) the number of unlawful detention claims brought against the Immigration Department; and
(2) the outcome of these claims (e.g. withdrawn, settled out-of-court, proceed to trial, ongoing, and other categories as appropriate), each year from 2010-2020.

However, I note in around December last year, your Department provided relevant information to RTHK. Please see https://news.rthk.hk/rthk/ch/component/k... ("律政司回應報道指,過去5年有731宗「非法羈留」的索償個案,入境處均庭外和解賠償,但賠償總額需要保密。")

I therefore request an internal review of my request. A full history of my request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/unlawfu...

Thank you,
Rachel Li

Department of Justice

Thank you very much for the message. The content has been noted. We shall
reply to you, where appropriate, as soon as possible. (The above is
generated by an auto-reply programme to acknowledge receipt of your
message.)

多謝閣下的電子郵件,內容備悉。如有需要,我們會盡快作出回覆。(以上為電腦自動
發出的回覆信息。)

Department of Justice

Dear Ms. Li,

                Our department has received your request for a review of
our reply on 3 May 2021. Your request is now under processing. According
to paragraph 1.16 and 1.25 of the Code on Access to Information, our
department will inform you of the latest progress of the review separately
on or before 21 May 2021. In the meantime, please contact me at 3918 4437
if you have any enquiry.

Regards,
Ms. Maggie Or
Executive Officer (Civil Division) 1
Department of Justice

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Department of Justice

Dear Ms. Li,
        I refer to your request for a review of our reply dated 3 May
2021, which we acknowledged receipt on 12 May 2021.  

2.        Please be informed that your request for review is still under
processing.  According to paragraph 1.18 and 1.25 of the Code on Access to
Information, our department will inform you of the review result
separately.  In the meantime, please contact me at 3918 4437 if you have
any enquiry.

Regards,
Ms. Maggie Or
Executive Officer (Civil Division) 1
Department of Justice

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1 cd, Department of Justice

Dear Ms Li,

        We refer to your email dated 3 May 2021 seeking a review by this
Department under the Code on Access to Information ("the Code") regarding
this Department’s reply to you dated 3 May 2021 in response to your
request for access to information dated 13 April 2021.

2.        Having reviewed the case, we have come to the view that your
request has been handled properly, and that there is no failure to comply
with the Code.

3.        Paragraph 1.14 of the Code stipulates that the Code does not
oblige departments to acquire information not in their possession, nor to
create a record which does not exist.  In respect of your request for the
number of unlawful detention claims brought against the Immigration
Department; and the outcome of these claims, each year from 2010 to 2020,
we do not consider this Department is obliged by the Code to create a
record which does not exist.

4.        In any event, paragraph 2.9(c) of the Code protects information
the disclosure of which would harm or prejudice the proper and efficient
conduct of the operations of a department.  We consider that the
disclosure of the requested information, which would reveal the litigation
approach, would harm or prejudice the proper and efficient conduct of this
Department and the Immigration Department.

5.        According to the Code, any person who believes that a department
has failed to properly apply any provision of the Code may complain to The
Ombudsman.  The Ombudsman’s address and contact details are -

30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong
Telephone : 2629 0555
Fax : 2882 8149

Yours sincerely,

(Ms Liz Wong)
for Director of Administration
Administration & Development Division
Department of Justice
 

From:        Maggie LY OR/DOJ/HKSARG
To:        [1][FOI #606 email]
Date:        21/05/2021 14:43
Subject:        Fw: Internal review of Freedom of Information request -
Unlawful detention claims brought against Immigration Department

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

Dear Ms. Li,
        I refer to your request for a review of our reply dated 3 May
2021, which we acknowledged receipt on 12 May 2021.  

2.        Please be informed that your request for review is still under
processing.  According to paragraph 1.18 and 1.25 of the Code on Access to
Information, our department will inform you of the review result
separately.  In the meantime, please contact me at 3918 4437 if you have
any enquiry.

Regards,
Ms. Maggie Or
Executive Officer (Civil Division) 1
Department of Justice

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