Visits to CIC and MTKDC

H. Y. Fung made this Freedom of Information request to Immigration Department

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The request was successful.

Dear Immigration Department,

I am writing to make an information request regarding visits to immigration detention facilities. May I know, for Castle Peak Bay Immigration Centre and Ma Tau Kok Detention Centre,

1) How many visits are allowed for a detainee per week / day?

2) Is there a limit to the length of the visit?

3) Is there a limit to the number of visitors per visit?

4) Is there a limit to the number of visitors per week / per day?

Thank you kindly for your help with this query.

Yours faithfully,

H. Y. Fung

Immigration Department

Our Reference: L/M (8) in ImmD CIC/6-5/10 (R) Pt.6

Dear H. Y. Fung,

Our department has received your application for access to information on
12.05.2022. 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
01.06.2022.

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

Dear H. Y. Fung,

Further to our interim reply on 20.05.2022, I am writing to inform you
that your application for Access to Information is still under processing,
as more time is required to gather and consolidate the information
requested in your application (if any). According to paragraph 1.18 of the
Code on Access to Information, our department will inform you of the
latest progress of the case separately on or before 01.07.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

LEI Wa-yan
for Director of Immigration

Immigration Department

Our Reference: L/M (8) in ImmD CIC/6-5/10 (R) Pt.6

Dear H.Y. Fung,

I refer to your request for access to information on 12 May 2022 and our
interim replies to you on 20 May 2022 and 1 June 2022.  I hereby provide
you with the following information.

The provision of treatments to detainees at the Castle Peak Bay
Immigration Centre (“CIC”) and the Ma Tau Kok Detention Centre (“MTKDC”)
is governed by the Immigration (Treatment of Detainees) Order (Cap. 115E)
(“Cap. 115E”) as well as Immigration Service (Treatment of Detained
Persons) Order (Cap. 331C) (“Cap. 331C”) and has been strictly adhered to.
 Upon admission to CIC or MTKDC, every detainee will be served with an
“Information Leaflet for Detainee” or a “Notice to Persons Detained” and
be informed of their rights, welfare, treatments and channels of
complaints during detention at CIC or MTKDC.  In addition, a “Notice to
Persons Detained” is displayed in a conspicuous position at CIC and MTKDC
where it can readily be seen by detainees as stipulated in Rule 17 of
Cap.115E and Section 17 of Cap. 331C.

According to Rule 9(1) of Cap. 115E, a detainee at CIC shall not receive
visitors except with the prior permission of the Superintendent given in
his discretion.  In general, detainees may receive a daily visit from
relatives or friends.  A maximum of two visitors will be allowed at each
visit for a duration not exceeding 15 minutes.  Detainees may also receive
official visits, which will be arranged under prior appointment.

MTKDC does not have a limit to the frequency of visit, number of visitors
to the detainee nor the length of each visit.  In general, provided that
no unreasonable delay or hindrance is likely to be caused to the process
of investigation or the administration of justice, a detainee in MTKDC may
receive visits from consulates, legal advisers, relatives and friends.
 Any visits will be arranged under prior appointment.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Dear Immigration Department,

Thank you very much for your response and the information provided.

I note from the response that at CIC, "detainees may receive a daily visit from relatives or friends". To clarify:
1) Does this mean that CIC detainees are allowed a maximum of one visit (from relatives or friends) per day?
2) Are 'official visits' counted separately?
3) What would constitute 'official visits'?

Thanks very much for your time and attention to this query.

Yours faithfully,

H. Y. Fung

Immigration Department

Our Reference: L/M (8) in ImmD CIC/6-5/10 (R) Pt.6

Dear H. Y. Fung,

Our department has received your follow-up application for access to
information on 05.07.2022. 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 25.07.2022.

If you have any enquiries, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (8) in ImmD CIC/6-5/10 (R) Pt.6

Dear H.Y. Fung,

I refer to your request for access to information on 5 July 2022 and our
interim reply to you on 14 July 2022.  I hereby provide you with the
following information.

The provision of treatments to detainees at the Castle Peak Bay
Immigration Centre (“CIC”) is governed by the Immigration (Treatment of
Detainees) Order (Cap. 115E) (“Cap. 115E”) and has been strictly adhered
to.  According to Rule 9(1) of Cap. 115E, a detainee at CIC shall not
receive visitors except with the prior permission of the Superintendent
given in his discretion.  In general, detainees may receive a daily visit
from relatives or friends.  A maximum of two visitors will be allowed at
each visit for a duration not exceeding 15 minutes.

Apart from visit from relatives or friends, a detainee may also receive
official visit(s) from official visitor(s).  No restrictions are imposed
on the time and the frequency of such visits during visiting hours.  In
general, official visitors include consular officers, members of the
Legislative Council, District Council members, the Ombudsman, public
officers and legal personnel.  Any official visitor who needs to visit a
detainee at the CIC to perform official duties has to make an application
to the CIC in advance to confirm that he/she has a genuine need to perform
official duties.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration