Information on migrant children under government care
Dear Labour and Welfare Bureau,
I would like to ask the following questions:
• Under what specific circumstances or conditions would a court order the placement of a "migrant child" into government care, such as the Tuen Mun Children and Juvenile Home?
• What are the most common reasons for the Police to refer a "migrant child" to government care under their respective ordinances?
• What are the most common reasons for the Immigration Department (ImmD) to refer a "migrant child" to government care under their respective ordinances?
• While the SWD does not have the guidelines and procedures of the court, Police, or ImmD, can you indicate where these can be found, who the relevant department to ask would be, or how they can be accessed for public knowledge?
If the information cannot be found within the Labour and Welfare Bureau, could you please direct the question to the appropriate department, such as Social Welfare, Immigration Department, or the Education Bureau?
Yours faithfully,
David Wilson
本局已收悉閣下的電子郵件。如有需要，我們會盡快作出適當跟進。謝謝。 勞工及
福利局 (此為電腦自動發出的訊息。) This is to acknowledge receipt of your
email. We shall take follow-up action, where appropriate, as soon as
possible. Thank you. Labour and Welfare Bureau (This is generated by an
auto-reply programme.)
Dear Mr Wilson,
Your application for access to information dated 26 March 2024 has been
received. In order to process your request under the Code on Access to
Information, grateful if you could define and clarify the term “migrant
child” please.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear Mr Wilson,
While we are waiting for your reply on defining the term “migrant child”,
the Social Welfare Department(SWD) confirmed that the request for
information regarding "Under what specific circumstances or conditions
would a court order the placement of a "migrant child" into government
care, such as the Tuen Mun Children and Juvenile Home?" is under their
purview.
The Hong Kong Police Force(HKPF) also replied that the request for
information regarding “What are the most common reasons for the Police to
refer a "migrant child" to government care under their respective
ordinances?” and “While the SWD does not have the guidelines and
procedures of the court, Police, or ImmD, can you indicate where these can
be found, who the relevant department to ask would be, or how they can be
accessed for public knowledge? are under their purview. However, a
definition of the term “migrant child” is require for their further
processing.
Most grateful if you would provide a definition of “migrant child” so that
we can confirm with the Immigration Department on whether they have the
requested information for the request “What are the most common reasons
for the Immigration Department (ImmD) to refer a "migrant child" to
government care under their respective ordinances?”
Please also let us know if you consent to transfer the request to the
request to SWD and HKPF for follow up. Thank you.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB <[1][Labour and Welfare Bureau request email]>
Sent: Thursday, March 28, 2024 4:35 PM
To: David Wilson <[2][FOI #1508 email]>
Subject: Re: Freedom of Information request - Information on migrant
children under government care
Dear Mr Wilson,
Your application for access to information dated 26 March 2024 has been
received. In order to process your request under the Code on Access to
Information, grateful if you could define and clarify the term “migrant
child” please.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear Mr Wilson,
I refer to my preceding email of 3 April 2024 seeking your consent to
transfer the two questions to the Immigration Department and the Education
Bureau for follow up.
Grateful for your reply at your convenience. Your application will not
be processed if we do not receive your reply.
Thank you.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB
Sent: Wednesday, April 3, 2024 5:31 PM
To: 'David Wilson' <[1][email address]>
Subject: Re: Freedom of Information request - Additional information on
Foreign Domestic Helpers (FDHs) policies undertaken by the HKSAR
government since 2018
Dear Mr Wilson,
As stated in our reply on 20 November 2023, the information requested in
your question “What documents are issued to children who were granted
permission to stay in Hong Kong on the basis of the child being a
dependent of a 'foreign domestic helper” (ie, a stamp in passport, a
residence permit, or other)?” is under the possession of the Immigration
Department”.
The information requested in your question “Please could you confirm what
the term 'eligible children' means and whether children of FDHs must apply
for permission to attend government-run or government-funded schools?” is
under the possession of the Immigration Department and the Education
Bureau
Since the requested information for your two questioned are under the
possession of the Immigration Department and the Education Bureau, please
let us know if you consent to transfer the request to the Immigration
Department and the Education Bureau for follow up.
For the information requested in your question “For each year between
2018-2023, how many children were taken into the care of the Government or
placed in foster care due to a parent or parents being held in immigration
detention?”, please note that the Social Welfare Department does not
maintain the requested information.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
Dear Mr Wilson,
I refer to my preceding email of 9 April 2024 seeking your clarification
on the term “migrant child” and your consent to transfer the two questions
to SWD and HKPF for follow up.
Most grateful for your reply at your convenience. Your application will
not be processed if we do not receive your reply.
Thank you.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB
Sent: Tuesday, April 9, 2024 10:53 AM
To: 'David Wilson' <[1][FOI #1508 email]>
Subject: Re: Freedom of Information request - Information on migrant
children under government care
Dear Mr Wilson,
While we are waiting for your reply on defining the term “migrant child”,
the Social Welfare Department(SWD) confirmed that the request for
information regarding "Under what specific circumstances or conditions
would a court order the placement of a "migrant child" into government
care, such as the Tuen Mun Children and Juvenile Home?" is under their
purview.
The Hong Kong Police Force(HKPF) also replied that the request for
information regarding “What are the most common reasons for the Police to
refer a "migrant child" to government care under their respective
ordinances?” and “While the SWD does not have the guidelines and
procedures of the court, Police, or ImmD, can you indicate where these can
be found, who the relevant department to ask would be, or how they can be
accessed for public knowledge? are under their purview. However, a
definition of the term “migrant child” is required for their further
processing.
Most grateful if you would provide a definition of “migrant child” so that
we can confirm with the Immigration Department on whether they have the
requested information for the request “What are the most common reasons
for the Immigration Department (ImmD) to refer a "migrant child" to
government care under their respective ordinances?”
Please also let us know if you consent to transfer the request to the
request to SWD and HKPF for follow up. Thank you.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
From: LWB ENQ/LWB <[2][Labour and Welfare Bureau request email]>
Sent: Thursday, March 28, 2024 4:35 PM
To: David Wilson <[3][FOI #1508 email]>
Subject: Re: Freedom of Information request - Information on migrant
children under government care
Dear Mr Wilson,
Your application for access to information dated 26 March 2024 has been
received. In order to process your request under the Code on Access to
Information, grateful if you could define and clarify the term “migrant
child” please.
Best Regards,
Mark CHEN
Access to Information Officer
Labour and Welfare Bureau
