Notice given upon detention review
Dear Security Bureau,
I am writing to make an information request regarding notice given to immigration detainees in relation to detention reviews. May I know,
1) Whether an individual is given notice if a detention review is being conducted on their case?
2) And if so, what form of notice is given (verbal or written), and when it is given (before the detention review is conducted or after the detention review has concluded)?
3) Would you be able to provide an example of any written notices given?
Thank you for your help.
Yours faithfully,
Surabhi Chopra
Dear Ms Chopra,
Our bureau has received your application for access to information on 14
February 2022. Please be informed that the information requested is under
the purview of Immigration Department. If you would like us to refer your
request to Immigration Department for handling, please let us know by
replying this email.
Security Bureau
From: Surabhi Chopra <[FOI #969 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 14/02/2022 13:46
Subject: Freedom of Information request - Notice given upon
detention review
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Dear Security Bureau,
I am writing to make an information request regarding notice given to
immigration detainees in relation to detention reviews. May I know,
1) Whether an individual is given notice if a detention
review is being conducted on their case?
2) And if so, what form of notice is given (verbal or
written), and when it is given (before the detention review is conducted
or after the detention review has concluded)?
3) Would you be able to provide an example of any written
notices given?
Thank you for your help.
Yours faithfully,
Surabhi Chopra
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Dear Security Bureau,
Thank you for your email. Please kindly forward the request to the Immigration Department.
Yours faithfully,
Surabhi Chopra
Dear Surabhi Chopra,
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 20 March 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 28/02/2022 09:51
Subject: Re: Freedom of Information request - Notice given upon
detention review
--------------------------------------------------------------------------
Dear Security Bureau,
Thank you for your email. Please kindly forward the request to the
Immigration Department.
Yours faithfully,
Surabhi Chopra
Dear Surabhi Chopra,
I refer to your request for access to information on 28 February 2022.
Further to our interim reply of 7 March 2022, our reply is provided as
below.
The Immigration Department has all along strictly followed the established
detention policy, and in accordance with the relevant legal requirements
and legal principles established by the Court. Each detention case will
be regularly and timely reviewed in accordance with the prevailing
mechanisms in order to determine whether an individual should be further
detained. The person concerned will be notified in writing of the results
of the review with justifications, and an interview would be conducted
with him/her to explain the relevant situation. Subject to the
circumstances of individual cases, persons being detained under section 32
or 37 of the Immigration Ordinance (Cap. 115) will normally be notified of
the results of detention review by way of the “Notice of Review of
Detention” attached below:-
For details of the said detention policies and relevant information, you
may refer to the following website:
[1]https://www.immd.gov.hk/eng/useful_infor...
Access to Information Officer
Immigration Department
From: RM/IMMD/HKSARG
To: Surabhi Chopra <[FOI #969 email]>
Date: 07/03/2022 09:38
Subject: Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/116(R))
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Dear Surabhi Chopra,
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 20 March 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: FOI requests at Security Bureau <[Security Bureau request email]>,
Date: 28/02/2022 09:51
Subject: Re: Freedom of Information request - Notice given upon
detention review
--------------------------------------------------------------------------
Dear Security Bureau,
Thank you for your email. Please kindly forward the request to the
Immigration Department.
Yours faithfully,
Surabhi Chopra
Dear Immigration Department,
Thank you very much for your reply and the documents provided.
I would like to clarify:
1) I note that detainees are "notified of the results of detention review". I would like to understand, are detainees notified if a detention review is being conducted on their case ie. prior and during review?
2) Are the documents provided available in other languages for detainees who do not read English? If so, what other languages are these documents available in?
Thank you again for your help and attention to this matter.
Yours sincerely,
Surabhi Chopra
Dear Surabhi Chopra,
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 4 May 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: Records and Data Management Section <[email address]>
Date: 14/04/2022 14:19
Subject: Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/116(R))
--------------------------------------------------------------------------
Dear Immigration Department,
Thank you very much for your reply and the documents provided.
I would like to clarify:
1) I note that detainees are "notified of the results of detention
review". I would like to understand, are detainees notified if a detention
review is being conducted on their case ie. prior and during review?
2) Are the documents provided available in other languages for detainees
who do not read English? If so, what other languages are these documents
available in?
Thank you again for your help and attention to this matter.
Yours sincerely,
Surabhi Chopra
Dear Surabhi Chopra,
I refer to your request for access to information on 14 April 2022.
Further to our interim reply of 20 April 2022, our reply is provided as
below.
The Immigration Department (“ImmD”) will conduct regular and timely
review of the detention in respect of each individual detainee in
accordance with the detention policy and established mechanisms, in order
to determine whether the individual should be further detained. Upon
conclusion of a detention review, ImmD will notify the person concerned in
writing the result of the review with justifications, and will conduct an
interview with the person concerned, with the assistance of an interpreter
where necessary. These arrangements aim to ensure that the detainees are
timely informed and fully aware of the detention decisions and the reasons
for such decisions.
The Notice of Review of Detention under section 32 of the Immigration
Ordinance are available in the following languages currently as tabulated
below:-
Arabic Bengali Bulgarian Burmese Cebuano
Chinese Czech Dutch English French
German Hindi Ilocano Indonesian Italian
Japanese Korean Lingala Luganda Malay
Mongolian Nepali Persian Portuguese Punjabi
Romanian Russian Sinhala Slovak Somali
Spanish Swahili Tagalog Tamil Thai
Turkish Ukrainian Urdu Vietnamese -
The Notice of Review of Detention under section 37ZK of the Immigration
Ordinance, on operational need basis, has been translated into the
following languages (apart from English and Chinese):-
Arabic Punjabi
Bengali Sinhala
Cebuano Somali
French Spanish
Hindi Swahili
Ilocano Tagalog
Indonesian Tamil
Lingala Thai
Luganda Urdu
Nepali Vietnamese
Access to Information Officer
Immigration Department
From: RM/IMMD/HKSARG
To: Surabhi Chopra <[FOI #969 email]>
Date: 20/04/2022 10:33
Subject: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/165(R))
--------------------------------------------------------------------------
Dear Surabhi Chopra,
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 4 May 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: Records and Data Management Section <[email address]>
Date: 14/04/2022 14:19
Subject: Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/116(R))
--------------------------------------------------------------------------
Dear Immigration Department,
Thank you very much for your reply and the documents provided.
I would like to clarify:
1) I note that detainees are "notified of the results of detention
review". I would like to understand, are detainees notified if a detention
review is being conducted on their case ie. prior and during review?
2) Are the documents provided available in other languages for detainees
who do not read English? If so, what other languages are these documents
available in?
Thank you again for your help and attention to this matter.
Yours sincerely,
Surabhi Chopra
Dear Immigration Department,
Thank you kindly for your response and the information provided. I note the following from your response, that: "Upon conclusion of a detention review, ImmD will notify the person concerned in writing the result of the review with justifications".
I would like to clarify whether advance notice is given prior to detention review, and not only after the review is conducted, ie:
A) Are detainees informed in advance of detention reviews being conducted on their cases?
B) Are they given a written notice in advance that a detention review is to be conducted? Or is this communicated verbally?
C) If so, how much in advance of the review would a detainee be informed?
Yours sincerely,
Surabhi Chopra
Dear Surabhi Chopra,
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 1 June 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: Records and Data Management Section <[email address]>
Date: 12/05/2022 12:34
Subject: Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/165(R))
--------------------------------------------------------------------------
Dear Immigration Department,
Thank you kindly for your response and the information provided. I note
the following from your response, that: "Upon conclusion of a detention
review, ImmD will notify the person concerned in writing the result of the
review with justifications".
I would like to clarify whether advance notice is given prior to detention
review, and not only after the review is conducted, ie:
A) Are detainees informed in advance of detention reviews being conducted
on their cases?
B) Are they given a written notice in advance that a detention review is
to be conducted? Or is this communicated verbally?
C) If so, how much in advance of the review would a detainee be informed?
Yours sincerely,
Surabhi Chopra
Dear Surabhi Chopra,
I refer to your request for access to information on 12 May 2022. Further
to our interim reply of 20 May 2022, our reply is provided as below.
As mentioned in our replies to your earlier requests, according to the
prevailing detention policy, person being detained by the Immigration
Department (“ImmD”) will be notified of the detention by way of a "Notice
on Detention Policy" and "Notice of Detention", which amongst other
things, informed that the detention will be kept under regular review and
will be reviewed when there is a material change of circumstances. Upon
conclusion of a detention review, the person concerned will be notified in
writing of the result of the review with justifications, and an interview
will be conducted with him/her to explain the relevant situation. Subject
to the circumstances of individual cases, persons being detained under
section 32 or 37 of the Immigration Ordinance (Cap. 115) will normally be
notified of the results of detention review by way of the Notice of Review
of Detention.
For details in respect of the detention policy, please visit
[1]https://www.immd.gov.hk/eng/useful_infor...
Access to Information Officer
Immigration Department
From: RM/IMMD/HKSARG
To: Surabhi Chopra <[FOI #969 email]>
Date: 20/05/2022 10:24
Subject: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/213(R))
--------------------------------------------------------------------------
Dear Surabhi Chopra,
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 1 June 2022.
Regards
(Mr S T Lam)
for Director of Immigration
From: Surabhi Chopra <[FOI #969 email]>
To: Records and Data Management Section <[email address]>
Date: 12/05/2022 12:34
Subject: Re: Request for information under Code on Access to
Information( Application no. ImmD/RM/6-5/10/2022/165(R))
--------------------------------------------------------------------------
Dear Immigration Department,
Thank you kindly for your response and the information provided. I note
the following from your response, that: "Upon conclusion of a detention
review, ImmD will notify the person concerned in writing the result of the
review with justifications".
I would like to clarify whether advance notice is given prior to detention
review, and not only after the review is conducted, ie:
A) Are detainees informed in advance of detention reviews being conducted
on their cases?
B) Are they given a written notice in advance that a detention review is
to be conducted? Or is this communicated verbally?
C) If so, how much in advance of the review would a detainee be informed?
Yours sincerely,
Surabhi Chopra
