Our ref.: L/M (72) in ImmD RALS1/6-20/3/C

Dear Ms Amador,

We refer to your application for access to information of 12 October 2021
relating to unlawful detention claims.

The information to which you seek access is held by the Department of
Justice (“DoJ”).  In this regards, your consent is required before we
transfer your request to the DoJ for their reply.  Your reply by 28
October 2021 is much appreciated. 

Best Regards,

(M H FUNG)

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

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Our ref.: L/M (72) in ImmD RALS1/6-20/3/C

Dear Ms. Raquel Amador,

Thanks for your email dated 22 October 2021.

Please be informed that pursuant to your consent given, your request has
been transferred to the Department of Justice (DoJ) on 22 October 2021.

Regards,

(M H FUNG)                

for Director of Immigration

To learn more about the application requirements and procedures of the
most frequently used services provided by the Hong Kong Immigration
Department, you are welcome to visit the Easy Access Playlist at Hong Kong
Immigration Department [1]YouTube Channel. The concerned video clips have
Cantonese voice-over supplemented by Chinese or English subtitles.

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Dear Ms Amador,
               
        We refer to your email dated 12 October 2021 to the Immigration
Department making a data access request (“your Request”) in relation to
“unlawful detention claims brought against the Immigration Department”.
 Upon obtaining your consent, the Immigration Department had on 22 October
2021 referred your Request to this Department for consideration and reply.

2.        By your Request, you requested for the following information :
   
(a)        the number of unlawful detention claims brought against the
Immigration Department for each of the years between 2010 and 2020; and
(b)        the outcome of these claims.

3.              Having considered your Request, please be informed that we
are not able to provide you with the said requested information pursuant
to paragraphs 1.14 and 2.9(c) of the Code on Access to Information (“the
Code”).

4.        Paragraph 1.14 of the Code stipulates that the Code does not
oblige departments to acquire information not in their possession, nor to
create a record which does not exist. In respect of your Request, we do
not consider this Department is obliged by the Code to create a record
which does not exist.

5.         In any event, paragraph 2.9(c) of the Code protects information
the disclosure of which would harm or prejudice the proper and efficient
conduct of the operations of a department. We consider that the disclosure
of the requested information, which would reveal the litigation approach,
would harm or prejudice the proper and efficient conduct of this
Department and the Immigration Department.

6.         If you are not satisfied with our decision, please be informed
that under the Code, you may seek an internal review of our decision not
to accede to your request. Our address is 2/F, Main Wing and East Wing,
Justice Place, 18 Lower Albert Road, Central, Hong Kong.

7.        You may also make a complaint to the Ombudsman if you consider
that this Department has failed to comply with the Code. The Ombudsman's
address and contact details are-

30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong

Telephone : (852) 2629 0555
Fax : (852) 2882 8149
Regards
Wilson LAU
Executive Officer (Civil Division)1
Department of Justice

From: Raquel Amador <[FOI #850 email]>
To: FOI requests at Immigration Department <[Immigration Department request email]>
Date: 22/10/2021 11:51
Subject: Re: Freedom of Information request – Number of unlawful detention
claims

Dear Immigration Department,

Thank you for your reply. Please transfer my data access request to the
Department of Justice.

Yours faithfully,
Raquel Amador

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