Expenses mentioned in S37 of IO(Cap. 115)

H. Y. Fung根據公開資料要求入境事務處披露資料

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Dear Immigration Department,

I am writing to make an information request regarding Section 37 of the Immigration Ordinance (Cap. 115) which stipulates that “If a person who is detained under section 32(1) pending his removal from Hong Kong under section 18 arrived in Hong Kong in a ship or aircraft, the Director of Immigration may require the owner of the ship or aircraft or his agent to pay to the Government the expense incurred by it in maintaining that person during his detention”. May I know,

1. How is the detention expense incurred calculated? Is this a daily expense per person and if so what was the per person expense for the past five years?
2. How many times has this section been enforced per year in the past five years?
3. How much was paid to the Government under this Section for each year in the past five years?

Thank you very much for your help with this inquiry.

Yours faithfully,

H. Y. Fung

Records and Data Management Section, 入境事務處

Dear H. Y. Fung,
                 
Thank you for your email.

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 6 March 2022.

Regards

(Mr S T Lam)
for Director of Immigration

From:        "H. Y. Fung" <[FOI #978 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        14/02/2022 14:43
Subject:        Freedom of Information request - Expenses mentioned in S37
of IO(Cap. 115)

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Dear Immigration Department,

I am writing to make an information request regarding Section 37 of the
Immigration Ordinance (Cap. 115) which stipulates that “If a person who is
detained under section 32(1) pending his removal from Hong Kong under
section 18 arrived in Hong Kong in a ship or aircraft, the Director of
Immigration may require the owner of the ship or aircraft or his agent to
pay to the Government the expense incurred by it in maintaining that
person during his detention”. May I know,

1. How is the detention expense incurred calculated? Is this a daily
expense per person and if so what was the per person expense for the past
five years?

2. How many times has this section been enforced per year in the past five
years?

3. How much was paid to the Government under this Section for each year in
the past five years?

Thank you very much for your help with this inquiry.

Yours faithfully,

H. Y. Fung

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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 #978 email]

Is [Immigration Department request email] the wrong address for Freedom of Information requests to
Immigration Department? If so, please contact us using this form:

[1]https://accessinfo.hk/en/change_request/...

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Records and Data Management Section, 入境事務處

Dear H. Y. Fung,
I refer to your request for access to information on 14 February 2022.
 Further to our interim reply of 21 February 2022, our reply is provided
as below, please.

Question (1): How is the detention expense incurred calculated? Is this a
daily expense per person and if so what was the per person expense for the
past five years?

For the calculation of detention expense, it comprises of (i) detention
quarter charge in accordance with Section 37 of the Immigration Ordinance
(Cap. 115) and (ii) other expenses such as cost of meal.  In the past five
years, the detention quarter charge was previously fixed at HK$480 per
person per day in 2017-2019 and has been raised to HK$530 per person per
day in 2020-2021.  Other expenses such as cost of meal are charged against
the detainees on the reimbursement basis for maintaining the person during
his detention. The detention quarter charge is to recover the staff costs
involved and other departmental expenses incurred in order to render the
aforesaid service.  The Immigration Department does not maintain the other
requested statistics.

Question (2): How many times has Section 37 of the Immigration Ordinance
(Cap. 115) been enforced per year in the past five years?

The Immigration Department does not maintain the requested statistics.

Question (3): How much was paid to the Government under Section 37 of the
Immigration Ordinance (Cap. 115) for each year in the past five years?

The Immigration Department does not maintain the requested statistics.

I hope the above information is useful to you.

Access to Information Officer
Immigration Department

From:        RM/IMMD/HKSARG
To:        "H. Y. Fung" <[FOI #978 email]>
Date:        21/02/2022 17:29
Subject:        Request for information under Code on Access to
Information [Application no. ImmD/RM/6-5/10/2022/080(R)]

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Dear H. Y. Fung,
                 
Thank you for your email.

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 6 March 2022.

Regards

(Mr S T Lam)
for Director of Immigration

From:        "H. Y. Fung" <[FOI #978 email]>
To:        FOI requests at Immigration Department <[Immigration Department request email]>
Date:        14/02/2022 14:43
Subject:        Freedom of Information request - Expenses mentioned in S37
of IO(Cap. 115)

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

Dear Immigration Department,

I am writing to make an information request regarding Section 37 of the
Immigration Ordinance (Cap. 115) which stipulates that “If a person who is
detained under section 32(1) pending his removal from Hong Kong under
section 18 arrived in Hong Kong in a ship or aircraft, the Director of
Immigration may require the owner of the ship or aircraft or his agent to
pay to the Government the expense incurred by it in maintaining that
person during his detention”. May I know,

1. How is the detention expense incurred calculated? Is this a daily
expense per person and if so what was the per person expense for the past
five years?

2. How many times has this section been enforced per year in the past five
years?

3. How much was paid to the Government under this Section for each year in
the past five years?

Thank you very much for your help with this inquiry.

Yours faithfully,

H. Y. Fung

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

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 #978 email]

Is [Immigration Department request email] the wrong address for Freedom of Information requests to
Immigration Department? 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