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Publicly funded legal representation at TCAB 2014-2020

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Dear Security Bureau,

I am writing to request the following information:

1. The number of individuals who received publicly-funded legal assistance (PFLA) at the torture claims appeal board (TCAB) in each of the quarters from Q1 2014 – Q2 2020
2. Of those who received PFLA, the number of individuals whose appeals or petitions to the TCAB were allowed, and among those the number of individuals whose appeals were substantiated, in each of the quarters from Q1 2014 – Q2 2020
3. Of those who were declined PFLA before the TCAB, the number of individuals who requested a second opinion or review in each of the quarters from Q1 2014 – Q2 2020
4. Of those who requested a second opinion or review, the number of individuals who were declined a second opinion or review in each of the quarters from Q1 2014 – Q2 2020
5. Of those who requested a second opinion or review, the number of individuals who were provided with PFLA in each of the quarters from Q1 2014 – Q2 2020

Thank you very much for your assistance.

Yours faithfully,

Rachel Li

Dear Ms Li,

Your application for Access to Information has been received.  The
application is now under processing.  We will give you a reply as soon as
possible.
 
(Miss Cuby Ng)
Security Bureau

From:        Rachel Li <[FOI #490 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        30/07/2020 12:22
Subject:        Freedom of Information request - Publicly funded legal
representation at TCAB 2014-2020

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Dear Security Bureau,

I am writing to request the following information:

1.                 The number of individuals who received publicly-funded
legal assistance (PFLA) at the torture claims appeal board (TCAB) in each
of the quarters from Q1 2014 – Q2 2020
2.                 Of those who received PFLA, the number of individuals
whose appeals or petitions to the TCAB were allowed, and among those the
number of individuals whose appeals were substantiated, in each of the
quarters from Q1 2014 – Q2 2020
3.                 Of those who were declined PFLA before the TCAB, the
number of individuals who requested a second opinion or review in each of
the quarters from Q1 2014 – Q2 2020
4.                 Of those who requested a second opinion or review, the
number of individuals who were declined a second opinion or review in each
of the quarters from Q1 2014 – Q2 2020
5.                 Of those who requested a second opinion or review, the
number of individuals who were provided with PFLA in each of the quarters
from Q1 2014 – Q2 2020

Thank you very much for your assistance.

Yours faithfully,

Rachel Li

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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 #490 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
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[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
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References

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1. https://accessinfo.hk/en/change_request/...
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Dear Ms Li,

Further to the interim reply of 6 August 2020, I am writing to inform you
that your application for Access to Information is still under processing,
as more time is required to gather and consolidate the statistics
requested in your application.  We will give you a reply as soon as
possible.

Thank you for your kind attention.

(Miss Cuby Ng)
Security Bureau

From:        SB-AIOREQ/SB/HKSARG
To:        Rachel Li <[FOI #490 email]>,
Date:        06/08/2020 16:31
Subject:        Re: Freedom of Information request - Publicly funded legal
representation at TCAB 2014-2020

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

Dear Ms Li,

Your application for Access to Information has been received.  The
application is now under processing.  We will give you a reply as soon as
possible.
 
(Miss Cuby Ng)
Security Bureau

From:        Rachel Li <[FOI #490 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        30/07/2020 12:22
Subject:        Freedom of Information request - Publicly funded legal
representation at TCAB 2014-2020

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

Dear Security Bureau,

I am writing to request the following information:

1.                 The number of individuals who received publicly-funded
legal assistance (PFLA) at the torture claims appeal board (TCAB) in each
of the quarters from Q1 2014 – Q2 2020
2.                 Of those who received PFLA, the number of individuals
whose appeals or petitions to the TCAB were allowed, and among those the
number of individuals whose appeals were substantiated, in each of the
quarters from Q1 2014 – Q2 2020
3.                 Of those who were declined PFLA before the TCAB, the
number of individuals who requested a second opinion or review in each of
the quarters from Q1 2014 – Q2 2020
4.                 Of those who requested a second opinion or review, the
number of individuals who were declined a second opinion or review in each
of the quarters from Q1 2014 – Q2 2020
5.                 Of those who requested a second opinion or review, the
number of individuals who were provided with PFLA in each of the quarters
from Q1 2014 – Q2 2020

Thank you very much for your assistance.

Yours faithfully,

Rachel Li

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

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 #490 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 Ms Li,
I refer to your request for Access to Information on 30 July 2020.  

Based on the information available to us, the number of appeals/ petitions
legally represented by lawyers from publicly-funded legal assistance
(PFLA) in each quarter from Q1 2014 to Q2 2020 is provided as below,
please-

No. of appeals/ petitions No. of appeals/ petitions legally
received by the Torture Claims represented by lawyers from PFLA
Appeal Board (TCAB) (b)
(a)
Q1 2014 67 22
Q2 2014 38 4
Q3 2014 245 42
Q4 2014 365 41
Q1 2015 660 65
Q2 2015 508 53
Q3 2015 515 61
Q4 2015 546 44
Q1 2016 515 46
Q2 2016 638 44
Q3 2016 961 67
Q4 2016 748 49
Q1 2017 1336 124
Q2 2017 1354 107
Q3 2017 1238 157
Q4 2017 1158 120
Q1 2018 1291 99
Q2 2018 1289 83
Q3 2018 1417 82
Q4 2018 1475 83
Q1 2019 617 53
Q2 2019 294 24
Q3 2019 318 22
Q4 2019 288 18
Q1 2020 196 8
Q2 2020 222 8

Given the large amount of data involved, we are still working on the other
requested information.  We shall give you a reply on the reamining
questions next week.

Thank you for your understanding and kind attention.

(Miss Cuby Ng)
Security Bureau

顯示引用部分

Dear Ms Li,
Further to our reply of 18 September 2020 to question (i) of your request
for Access to Information on 30 July 2020, based on the information
available to us, the requested information on the remaining questions (ii)
to (v) is provided as below, please.

It should also be highlighted that under the Unified Screening Mechanism,
all non-refoulement claimants may choose to receive publicly-funded legal
assistance (PFLA) at the beginning of screening of their claim by the
Immigration Department (ImmD).  Whether a non-refoulement claimant will
continue to receive PFLA at the appeal stage depends on the assessment by
the lawyer providing PFLA to the claimant on the merits of lodging an
appeal, taking into account the written decision by ImmD on the claim with
detailed reasons.  
(ii) The number of appeals/ petitions substantiated by the Torture Claims
Appeal Board (TCAB) in each quarter from Q1 2014 to Q2 2020 is as below-

No. of appeals/ Out of (a), no. of Out of (b), no. of
petitions concluded appeals/ petitions appeals/ petitions
by TCAB legally represented by substantiated by TCAB
(a) lawyers from PFLA (c)
(b)
Q1 2014 129 44 1
Q2 2014 158 27 0
Q3 2014 54 7 0
Q4 2014 58 7 2
Q1 2015 112 6 0
Q2 2015 168 18 0
Q3 2015 158 23 0
Q4 2015 166 20 1
Q1 2016 157 14 1
Q2 2016 158 25 1
Q3 2016 205 16 0
Q4 2016 406 44 1
Q1 2017 750 64 1
Q2 2017 822 39 0
Q3 2017 906 42 2
Q4 2017 916 47 5
Q1 2018 986 47 7
Q2 2018 1153 56 5
Q3 2018 1245 85 2
Q4 2018 1423 113 6
Q1 2019 1254 92 1
Q2 2019 1358 91 4
Q3 2019 1204 93 4
Q4 2019 1108 63 6
Q1 2020 652 46 9
Q2 2020 797 71 11

(iii) The number of people who requested a second opinion or review after
not being provided with PFLA based on the assessment of the lawyer at the
appeal stage in each quarter (from Q1 2014 to Q2 2020) is as below-

No. of people who were declined No. of people requested a second
PFLA opinion or review after not being
(a) provided with PFLA
(b)
Q1 2014 189 0
Q2 2014 63 0
Q3 2014 258 3
Q4 2014 335 9
Q1 2015 602 19
Q2 2015 452 11
Q3 2015 462 13
Q4 2015 487 7
Q1 2016 454 4
Q2 2016 561 1
Q3 2016 752 5
Q4 2016 688 3
Q1 2017 773 6
Q2 2017 708 5
Q3 2017 772 2
Q4 2017 810 7
Q1 2018 1146 5
Q2 2018 1163 4
Q3 2018 1174 4
Q4 2018 1337 6
Q1 2019 444 11
Q2 2019 214 9
Q3 2019 246 4
Q4 2019 242 7
Q1 2020 169 1
Q2 2020 201 1

(iv) During the period from Q1 2014 to Q2 2020, all claimants who
requested for a second opinion or review on provision of PFLA to them were
provided with the requested second opinion or review.

(v) For those who requested a second opinion or review, the number of
people who were subsequently provided with PFLA at the appeal stage based
on the assessment of another lawyer is as below-

No. of people requested a Out of (a), no. of people who were
second opinion or review subsequently provided with PFLA
(a) (b)
Q1 2014 0 0
Q2 2014 0 0
Q3 2014 3 2
Q4 2014 9 3
Q1 2015 19 8
Q2 2015 11 4
Q3 2015 13 4
Q4 2015 7 3
Q1 2016 4 3
Q2 2016 1 1
Q3 2016 5 1
Q4 2016 3 0
Q1 2017 6 5
Q2 2017 5 1
Q3 2017 2 2
Q4 2017 7 2
Q1 2018 5 2
Q2 2018 4 4
Q3 2018 4 0
Q4 2018 6 5
Q1 2019 11 9
Q2 2019 9 8
Q3 2019 4 4
Q4 2019 7 3
Q1 2020 1 1
Q2 2020 1 1

(Miss Cuby Ng)
Security Bureau

顯示引用部分

Dear Miss Ng,

Thank you very much for the information. Do you mind attaching your reply in pdf format for our easy reading?

Kind Regards,

Rachel Li

1個附件

Dear Ms Li,

Thank you for your email of 23 September 2020.

As requested, our reply of 22 September 2020 is provided in PDF format
attached below, please.

(Miss Cuby Ng)
Security Bureau

From:        Rachel Li <[FOI #490 email]>
To:        FOI requests at Security Bureau <[Security Bureau request email]>,
Date:        23/09/2020 14:19
Subject:        Re: Fw: Freedom of Information request - Publicly funded
legal representation at TCAB 2014-2020

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Dear Miss Ng,

Thank you very much for the information. Do you mind attaching your reply
in pdf format for our easy reading?

Kind Regards,

Rachel Li

顯示引用部分

We don't know whether the most recent response to this request contains information or not – if you are Rachel Li please sign in and let everyone know.