Dear Mr Raymond WONG,

Our department has received your application for access to information on
28.06.2019.  

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 18 July 2019.

Thank you for your kind attention.  If you have any question, please
contact me at 3106 3749.

Regards,
(Miss Emily Kwok)
Security Bureau

From:        Raymond Wong <[FOI #383 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        28/06/2019 17:05
Subject:        Freedom of Information request - Adjournments in the
Torture Claims Appeal Board

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Dear Access to Information Officer of the Security Bureau,

On behalf of our client, the Justice Centre, we are writing to request
certain information pursuant to paragraph 1.9 of the Code on Access to
Information.

We would be grateful if you could please provide the following
information:

1.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 January
2018 to 31 March 2018 (i.e. Q1 2018)? Please provide the number for each
of (i), (ii), and (iii).
2.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 April
2018 to 30 June 2018 (i.e. Q2 2018)? Please provide the number for each of
(i), (ii), and (iii).
3.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 July
2018 to 30 September 2018 (i.e. Q3 2018)? Please provide the number for
each of (i), (ii), and (iii).
4.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 October
2018 to 31 December 2018 (i.e. Q4 2018)? Please provide the number for
each of (i), (ii), and (iii).
5.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 January
2019 to 31 March 2019 (i.e. Q1 2019)? Please provide the number for each
of (i), (ii), and (iii).

6.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 January 2018 to 31 March 2018 (i.e. Q1
2018)? Please provide the number for each of (i), (ii), and (iii).
7.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 April 2018 to 30 June 2018 (i.e. Q2
2018)? Please provide the number for each of (i), (ii), and (iii).
8.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 July 2018 to 30 September 2018 (i.e. Q3
2018)? Please provide the number for each of (i), (ii), and (iii).
9.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 October 2018 to 31 December 2018 (i.e.
Q4 2018)? Please provide the number for each of (i), (ii), and (iii).
10.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 January 2019 to 31 March 2019 (i.e. Q1
2019)? Please provide the number for each of (i), (ii), and (iii).

On timing, we look forward to receiving the information to our above
requests by 8 July 2019.

Thank you in advance for your help – it is greatly appreciated.

If you have any questions, please contact Raymond Wong
([email address]) and Serene Lu ([email address]).

Yours faithfully,
Freshfields

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

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 #383 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Dear Mr Wong,

I refer to your email of 28 June 2019 seeking information on the number of
adjournments received, granted and refused by TCAB during the period from
1 January 2018 to 31 March 2019.  

Please note that the Torture Claims Appeal Board does not maintain the
requested statistics and thus, is unable to provide information to you as
requested.

Regards,

(Miss Emily Kwok)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Raymond Wong <[FOI #383 email]>,
Date:        05/07/2019 17:49
Subject:        Re: Freedom of Information request - Adjournments in the
Torture Claims Appeal Board

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

Dear Mr Raymond WONG,

Our department has received your application for access to information on
28.06.2019.  

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 18 July 2019.

Thank you for your kind attention.  If you have any question, please
contact me at 3106 3749.

Regards,
(Miss Emily Kwok)
Security Bureau

From:        Raymond Wong <[FOI #383 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        28/06/2019 17:05
Subject:        Freedom of Information request - Adjournments in the
Torture Claims Appeal Board

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

Dear Access to Information Officer of the Security Bureau,

On behalf of our client, the Justice Centre, we are writing to request
certain information pursuant to paragraph 1.9 of the Code on Access to
Information.

We would be grateful if you could please provide the following
information:

1.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 January
2018 to 31 March 2018 (i.e. Q1 2018)? Please provide the number for each
of (i), (ii), and (iii).
2.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 April
2018 to 30 June 2018 (i.e. Q2 2018)? Please provide the number for each of
(i), (ii), and (iii).
3.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 July
2018 to 30 September 2018 (i.e. Q3 2018)? Please provide the number for
each of (i), (ii), and (iii).
4.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 October
2018 to 31 December 2018 (i.e. Q4 2018)? Please provide the number for
each of (i), (ii), and (iii).
5.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused, that were for the
purpose of obtaining legal representation in the period between 1 January
2019 to 31 March 2019 (i.e. Q1 2019)? Please provide the number for each
of (i), (ii), and (iii).

6.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 January 2018 to 31 March 2018 (i.e. Q1
2018)? Please provide the number for each of (i), (ii), and (iii).
7.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 April 2018 to 30 June 2018 (i.e. Q2
2018)? Please provide the number for each of (i), (ii), and (iii).
8.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 July 2018 to 30 September 2018 (i.e. Q3
2018)? Please provide the number for each of (i), (ii), and (iii).
9.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 October 2018 to 31 December 2018 (i.e.
Q4 2018)? Please provide the number for each of (i), (ii), and (iii).
10.                 The number of adjournments the Torture Claims Appeal
Board (i) received, (ii) granted and (iii) refused  (whether for the
purposes of obtaining/allocating legal representation or for other
purposes) in the period between 1 January 2019 to 31 March 2019 (i.e. Q1
2019)? Please provide the number for each of (i), (ii), and (iii).

On timing, we look forward to receiving the information to our above
requests by 8 July 2019.

Thank you in advance for your help – it is greatly appreciated.

If you have any questions, please contact Raymond Wong
([email address]) and Serene Lu ([email address]).

Yours faithfully,
Freshfields

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

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 #383 email]

Is [Security Bureau request email] the wrong address for Freedom of Information requests
to Security Bureau? If so, please contact us using this form:
[1]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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
1. https://accessinfo.hk/en/change_request/...
2. https://accessinfo.hk/en/help/officers

Dear Mr Raymond Wong / Ms Serene Lu,

We have received your request for internal review on 29 July 2019.  

Your request is now under processing.  According to paragraph 1.25 and
1.16 of the Code on Access to Information, we will inform you of the
latest progress of the case separately on or before 16 August 2019.

In the meantime, please contact me at 3106 2284 if you have any enquiry.

Regards,
(Ms Connie Wong)
Security Bureau

From:        Raymond Wong <[FOI #383 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        29/07/2019 11:54
Subject:        Internal review of Freedom of Information request -
Adjournments in the Torture Claims Appeal Board

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Dear Security Bureau,

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

I am writing to request an internal review of Security Bureau's handling
of my FOI request 'Adjournments in the Torture Claims Appeal Board'.

We were informed that the Torture Claims Appeal Board does not maintain
the requested statistics and is unable to provide information to you as
 requested. We are of the view that the information requested ought to be
kept as a matter of good administration. Please review our request and
check whether the information requested is available. If not, we would be
grateful if you could (a) provide the reasons why the Torture Claims
Appeal Board does not maintain the requested statistics and (b) let us
know where we can obtain the requested information.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://accessinfo.hk/en/request/adjourn...

Yours faithfully,
Raymond Wong / Serene Lu

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #383 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]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
1. https://accessinfo.hk/en/request/adjourn...
2. https://accessinfo.hk/en/help/officers

Dear Mr. Wong / Ms. Serene Lu,

I refer to your preceding email of 29 July 2019 requesting for an internal
review of our decision under the Code on Access to Information (the
“Code”) in respect of your  request made on 28 June 2019 for the following
information –

        (a)        the number of adjournments received, granted and
refused by the Torture Claims Appeal Board (the “Board”), that were for
the purpose of obtaining legal representation during the period from 1
January 2018 to 31 March 2019; and
        (b)        the number of adjournments received, granted and
refused by the Board, that were for whatever purposes during the period
from 1 January 2018 to 31 March 2019.

We have critically examined and considered your request under the Code.
 After review, we conclude that our decision is in compliance with the
Code and should be upheld for the following reasons –

(a)        The Board is an independent statutory body established under
section 37ZQ of the Immigration Ordinance (Cap. 115).  When carrying out
its duty, it functions as an independent tribunal.  In accordance with
[1]paragraphs 1.2 and 1.3 of the Code, the Code does not apply to
information held by courts, tribunals or inquiries, but apply to
non-judicial and other information of an administrative nature which is
held by, among others, secretariats and similar offices of other tribunals
and inquiries.  The existing legal rules governing disclosure of
information in the context of proceedings before courts, tribunals and
inquiries are not affected by the Code.  According to the [2]Guidelines on
Interpretation and Application of the Code, the said paragraphs 1.2 and
1.3 apply to proceedings of any statutory body (including TCAB) with
judicial or quasi-judicial functions or with a power to determine the
admissibility of evidence to be called before it or the determination of a
petition by the Chief Executive pursuant to section 20 of the Public
Service (Administration) Order 1997 or Article 48(13) of the Basic Law.

(b)        Currently, a party to the proceedings before the Board may, at
any time during the proceedings, make an application to adjourn a hearing.
 Such applications may not be made in writing and may be made at the oral
hearing before the Board.  Apart from applications by the parties to the
proceedings, hearings may be adjourned for other reasonable cause as
directed by the Board.  Since the Secretariat does not hold the required
information relating to the proceedings of the Board, we are unable to
provide the requested statistics.
(c)        According to [3]paragraph 1.14 of the Code, departments are not
obliged to create a record which does not exist.

The case has been reviewed by a senior officer not previously involved in
the case.  As laid down in [4]paragraph 1.26 of the Code, in case you are
not satisfied with our reply, you may lodge a complaint to The Ombudsman.

(Connie Wong)
for Secretary for Security

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