Cap. 115 sub. leg. M

Immigration (Vietnamese Migrants) (Detention Centres) Rules(L.N. 176 of 1992)(Cap. 115, section 13H) [3 November 1989](Format changes—E.R. 3 of 2024) 1. (Repealed L.N. 176 of 1992) 2. Application These rules apply to the detention centres specified in the Schedule. 3. Interpretation (1) In these rules, unless the context otherwise requires— (L.N. 176 of 1992)Authority (主管當局) means the person appointed to have control and management of a detention centre under section 13H;detainee (被羈留者) means a person detained in a detention centre under section 13D;Medical Officer (醫生) means a Government medical officer assigned to a detention centre by the Director of Health or a doctor assigned to a detention centre by a voluntary agency as approved by the Secretary for Security;minor (未成年人) means a person under the age of 16 years;officer (中心人員) means an officer appointed under rule 4 to assist the Authority in the control and management of a detention centre; Superintendent (監督) means— (a) the person appointed under rule 4 to be in charge of a detention centre; or (b) in his absence—(i) where the Authority is the Commissioner of Police, the most senior police officer on duty at the detention centre;(ii) where the Authority is the Commissioner of Correctional Services, the most senior officer of the Correctional Services Department on duty at the detention centre; or(iii) where the Authority is the Chief Staff Officer, Civil Aid Service, the most senior officer of the Civil Aid Service on duty at the detention centre; (L.N. 176 of 1992; 58 of 1997 s. 34) visiting justices (巡視中心太平紳士) means the justices of the peace appointed by the Chief Executive under section 23 of the Prisons Ordinance (Cap. 234). (21 of 2024 s. 78)(2) In these rules, the expression for good cause (為好的因由) means insofar as is necessary to protect security, order, health or morals in a detention centre or the well-being of the detainees in a detention centre generally. (L.N. 176 of 1992)General provisions 4. Appointment of Superintendent and officers (1) The Authority appointed to have control and management of a detention centre shall appoint—(a) a Superintendent to be in charge of the centre; and(b) such other officers to assist the Authority in the control and management of the centre.(2) The Superintendent and other officers appointed under subrule (1) shall be—(a) where the Authority is the Commissioner of Police, police officers;(b) where the Authority is the Commissioner of Correctional Services, officers of the Correctional Services Department; or(c) where the Authority is the Chief Staff Officer, Civil Aid Service, officers of the Civil Aid Service. (58 of 1997 s. 34) 5. Accommodation Detainees shall occupy accommodation within a detention centre as directed by the Superintendent. 6. Visiting justices (1) Two visiting justices shall, together if possible, visit every detention centre at least once a month and on such other days as they may be required. Their names shall be furnished by the Chief Secretary for Administration to the Authority of every detention centre and every detention centre shall be open to them at all reasonable times during their tour of duty. (L.N. 362 of 1997; L.N. 271 of 2000)(2) Visiting justices shall not have any interest in any contract made in respect of any detention centre.(3) Visiting justices shall have the following duties in relation to a detention centre—(a) at the termination of every visit and before they leave the detention centre to record in a book provided for the purpose any recommendations, suggestions or other remarks;(b) to co-operate with the Authority in promoting the good management of the detention centre;(c) to ensure that all abuses in connection with the detention centre which come to their knowledge are brought to the notice of the Authority immediately;(d) to hear and investigate any complaint which any detainee may desire to make to them;(e) to pay special attention to detainees in the sick bay and separately confined;(f) to attend to all reports received by them as to the mind or body of any detainee being likely to be injured by discipline or treatment to which he is subjected and communicate their opinion to the Authority;(g) to inspect the diets of the detainees and if they consider the food supplied does not conform to the recommended diet scale, report the circumstances to the Authority;(h) to satisfy themselves that the standards of accommodation and treatment of the detainees are of an approved level as determined by the Secretary for Security; (L.N. 176 of 1992)(i) to inquire into the state of buildings and report to the Chief Executive with respect to any repairs or additions which may appear to them to be necessary; and (21 of 2024 s. 78)(j) to discharge such other duties as may be assigned to them by the Chief Executive. (21 of 2024 s. 78) 7. Detention centre visitors (1) An Authority may, from time to time, appoint persons interested in the welfare of detainees of his detention centre to be detention centre visitors.(2) Detention centre visitors shall be permitted access to detainees at the discretion of the Superintendent.(3) Detention centre visitors shall while in a detention centre comply with the instructions of the Superintendent.(4) Detention centre visitors shall as soon as reasonably practicable inform the Superintendent of any abuse, unlawful activity or impropriety in a detention centre which may come to their knowledge. 8. Detention centre visitors to conform to rules (1) No person shall enter a detention centre without the permission of the Superintendent.(2) Every person who, with the permission of the Superintendent, enters any detention centre shall conform to these rules and to the general orders and instructions affecting the detention centre in so far as those rules, general orders and instructions concern him.(3) The Superintendent may refuse to admit to a detention centre any person who is not willing to conform as aforesaid and may direct the removal from a detention centre of any person who does not so conform or whose conduct is improper, and for that purpose may use or authorize the use of such force as may be necessary. 9. Examination and search (1) All persons, vehicles, vessels and helicopters entering or leaving a detention centre may, for good cause, be examined and searched. (L.N. 176 of 1992)(2) The Superintendent may refuse admission to a detention centre of a person who is unwilling to be examined and searched.(3) A person suspected by an officer of bringing into or carrying out of a detention centre any article without the permission of the Superintendent may be stopped and detained by that officer and immediate notice thereof shall be given to the Superintendent who may order that he shall be examined and searched.(4) The Superintendent may direct the removal from a detention centre of a person who while in a detention centre is unwilling to be examined or searched or whose conduct is improper.(5) The searching of any person under this rule shall be conducted with due regard to decency and self-respect, and in as seemly a manner as is consistent with the necessity of discovering any concealed articles.(6) No person shall be searched by, or in the presence of, an officer of the opposite sex. 10. Sick bay In every detention centre a sick bay or proper place for the reception of sick detainees shall be provided.General treatment of detainees 11. Admission of detainees The Superintendent of a detention centre to which a detainee has been directed to be detained shall make arrangements for the admission of the detainee. 12. Unaccompanied minors Where a detainee is a minor unaccompanied by any parent or other lawful guardian, the Superintendent shall have the like control over him as a parent.(L.N. 176 of 1992) 13. Searching (1) Every detainee shall be searched by an officer on admission to a detention centre and may be searched at any other time, for good cause, at the direction of the Superintendent, and all articles for the possession of which no permission has been given shall be taken from him. (L.N. 176 of 1992)(2) The searching of a detainee shall be conducted with due regard to decency and self-respect, and in as seemly a manner as is consistent with the necessity of discovering any concealed articles.(3) No detainee shall be searched by, or in the presence of, an officer of the opposite sex. 14. Detainees’ property (1) Money and other effects belonging to a detainee may be placed in the custody of the Superintendent, who shall cause an inventory thereof to be kept. Such inventory shall be signed by the detainee concerned certifying its correctness.(2) Subject to subrule (3), all such money and effects shall be returned to a detainee on his release from detention and he shall sign the inventory as a receipt.(3) Any weapon, intoxicating liquor, dangerous drug, perishable, inflammable or dangerous article or substance belonging to a detainee may be confiscated and disposed of by the Superintendent. 15. Possession of articles without authority (1) No detainee may have any article in his possession without the permission of the Superintendent (which shall not be withheld except for good cause) and any unauthorized article found in his possession may be confiscated and disposed of by the Superintendent. (L.N. 176 of 1992)(2) No person shall, without the permission of the Superintendent, convey or throw into, or deposit in, any detention centre, or convey to any detainee, any money, food, drink or tobacco, letter or other article whatsoever. Any such article so conveyed, thrown or deposited may be confiscated and disposed of by the Superintendent. 16. Segregation of new admissions A detainee on first admission to a detention centre may, for good cause, be confined separately from other detainees in such place and for such periods as the Superintendent may direct.(L.N. 176 of 1992) 17. Medical examination A detainee shall, on the day of his admission to a detention centre or as soon as reasonably practicable thereafter, be examined by the Medical Officer, who shall record the state of health of the detainee and such other particulars as he considers necessary. 18. Interview and recording of particulars A detainee shall, as soon as practicable after his admission to a detention centre, be interviewed (either individually or in a group) by the Superintendent or an officer, who shall record such particulars of the detainee as he considers necessary. 19. Clothing Every detainee may wear his own clothes. 20. Blankets (1) Every detainee shall be supplied with up to 4 blankets at the discretion of the Superintendent.(2) Additional blankets may be issued in special circumstances on the recommendation of the Medical Officer. 21. Diet Every detainee shall be provided with food in accordance with scales recommended by the Director of Health. 22. Complaints as to food Every detainee who has any complaint to make regarding the food supplied to him shall make his complaint to an officer as soon as reasonably practicable after his food is handed to him. 23. Obedience to directions as to cleanliness Every detainee shall obey such directions as regards washing, bathing, shaving and hair cutting as may, for good cause, be given by the Superintendent.(L.N. 176 of 1992) 24. Duty to keep dormitory etc. clean Every detainee shall keep his dormitory, bathroom and toilet clean, and his utensils, clothing and bedding clean and neatly arranged, in accordance with such direction as may, for good cause, be given by the Superintendent.(L.N. 176 of 1992) 25. Employment (1) A detainee may undertake within a detention centre any occupation or employment permitted by the Superintendent in accordance with instructions issued by the Authority. (L.N. 176 of 1992)(1A) Except for good cause the Superintendent shall not refuse permission to a detainee to undertake any occupation or employment for which he is qualified and which is made available at the detention centre. (L.N. 176 of 1992)(2) A detainee employed in a kitchen or in domestic or other service within a detention centre shall be paid in accordance with rates fixed by the Authority or the voluntary agency which employs him, as the case may be. 26. Postal articles (1) Every detainee may, unless the Superintendent, for good cause, decides otherwise, be permitted to send and receive postal articles, and shall be supplied by the Superintendent with such paper and writing materials as may be reasonably required.(2) No detainee may send or receive postal articles except through the Superintendent.(3) Every postal article sent by or intended for a detainee may, for good cause, be opened and its contents examined by the Superintendent or some person appointed by him for the purpose.(L.N. 176 of 1992) 27. Visits (1) Subject to these rules, every detainee shall be permitted to be visited by such persons and in such manner as the Superintendent may direct. (2) Except for good cause, or at the request of the detainee, the Superintendent shall not refuse permission to any person wishing to visit a detainee. (L.N. 176 of 1992) 28. Permitted absences (1) The Superintendent may, if he sees fit, permit a detainee to be absent from the detention centre for such purpose, during such period and on such terms as the Superintendent may specify.(2) If a detainee is permitted under subrule (1) to be absent from the detention centre, he shall, while he is so absent, be deemed to continue to be in the legal custody of the Superintendent. 29. Removal of detainee to hospital etc. (1) Where the Superintendent is satisfied that any detainee requires medical, surgical or dental treatment, such detainee may be removed by or under the direction of the Superintendent to a hospital or other suitable place for the purpose of treatment and may in like manner be taken back to the detention centre.(2) In any such case the detainee shall be deemed to continue to be in the legal custody of the Superintendent while he is absent from the detention centre. 30. Prohibition of use of mechanical restraints (1) Mechanical restraints shall not be used except—(a) to prevent a detainee from injuring himself or others, or damaging property, or creating a disturbance;(b) to ensure the safe custody of a detainee during removal from a detention centre, when handcuffs may be used; or(c) under the instructions of the Medical Officer.(2) When it appears to the Superintendent that it is necessary to place a detainee under mechanical restraint for any of the reasons specified in subrule (1)(a), the Superintendent may order him to be so placed, and notice thereof shall be given to one of the visiting justices and to the Medical Officer.(3) The Medical Officer on receipt of such notice shall inform the Superintendent whether he concurs in the order, and if he does not, the Superintendent shall act in accordance with any recommendations which he makes.(4) No detainee shall be kept under mechanical restraint longer than is necessary, or for a longer period than 24 hours unless upon the written order of one of the visiting justices. Such order shall specify the cause thereof and the time during which the detainee is to be so kept, and shall be preserved by the Superintendent as his warrant.(5) Particulars of every case of mechanical restraint shall be entered by the Superintendent in his journal. (6) No mechanical means of restraint shall be used except of such patterns and in such manner and under such conditions as may be approved by the Authority. 31. Temporary confinement The Superintendent may, for good cause, order any refractory or violent detainee to be temporarily confined in a cell or room.(L.N. 176 of 1992)Discipline and control of detainees 32. Duty to report offences against discipline All offences against discipline shall be reported to the Superintendent and it shall be the duty of the Superintendent to investigate such reports as soon as reasonably practicable. 33. Segregation of detainee against whom report made A detainee who has been reported for an offence against discipline may, for good cause, be kept apart from other detainees pending adjudication.(L.N. 176 of 1992) 34. Power of Superintendent as to discipline (1) The Superintendent may question any person regarding an alleged offence against discipline.(2) The Superintendent, after hearing any evidence or representation which the alleged offender wishes to give or make, shall adjudicate upon the alleged offence and if satisfied that it is proved shall punish the offender accordingly.(3) Where the alleged offence directly concerns the Superintendent, the Superintendent shall not adjudicate upon that offence but shall ask the Authority to appoint some other public officer to do so.(L.N. 176 of 1992) 35. Offences against discipline A detainee commits an offence against discipline if he— (a) disobeys any order of the Superintendent or of any other officer;(b) contravenes or fails to comply with any of these rules other than rules 39 to 43 inclusive; (c)-(d) (Repealed L.N. 176 of 1992)(e) commits any assault;(f) wilfully disfigures, damages, destroys any part of the detention centre, any Government property or any property which is not his own or converts any such property;(g) commits any nuisance;(h) without the permission of the Superintendent—(i) has in his possession; or(ii) attempts to obtain possession of,any article for the possession of which the permission of the Superintendent is required;(i) escapes from the detention centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not; (j)-(l) (Repealed L.N. 176 of 1992)(m) behaves in such a way as to constitute a threat to security, order, health or morals in the detention centre or to the well-being of other detainees generally. (L.N. 176 of 1992) 36. Warning and records (1) Where the Superintendent, having adjudicated upon an alleged offence against discipline, considers that punishment under rule 37 is not appropriate, he may give a warning to the offender.(2) Any warning given under this rule shall be kept on record.(L.N. 176 of 1992) 37. Punishments which may be imposed by Superintendent (1) The Superintendent may order a detainee whom he is satisfied has committed an offence against discipline to be punished by one or more of the following punishments—(L.N. 176 of 1992)(a) separate confinement for any period not exceeding 28 days;(b) forfeiture of privileges for a period not exceeding 3 months; (L.N. 176 of 1992)(c) a fine not exceeding $500. (L.N. 176 of 1992)(2) Any detainee who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Authority against such order, and the Superintendent shall forthwith notify the Authority accordingly and shall stay execution of the order pending the hearing of the appeal.(3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Authority shall determine the appeal and may cancel, vary or confirm the order against which the appeal is made or may substitute therefor any other order which the Superintendent was competent to make under subrule (1) and rule 36. (L.N. 176 of 1992) 38. Use of force (1) No officer in dealing with detainees shall use force unnecessarily and, when the application of force to a detainee is necessary, no more force than is necessary shall be used.(2) No officer shall deliberately act in a manner calculated to provoke a detainee.Offences 39. Introduction of unauthorized article into detention centre Any person who brings, throws or in any manner introduces into any detention centre, or conveys to any detainee while in legal custody outside a detention centre, any arms, ammunition, weapon, instrument, intoxicating liquor, opium or other drug, tobacco, money or any other article, unless authorized to do so by the Authority in charge of that detention centre, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(L.N. 176 of 1992; E.R. 3 of 2024) 40. Supplying unauthorized articles to detainees Any person—(a) who without the permission of the Superintendent of a detention centre sells any intoxicating liquor, opium or other drug, tobacco or other article, in the detention centre; or(b) being a person employed in a detention centre, who permits any article to be sold in a detention centre without the permission of the Superintendent,commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(L.N. 176 of 1992; E.R. 3 of 2024) 41. Escape Any detainee who escapes from a detention centre or from legal custody commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(L.N. 176 of 1992; E.R. 3 of 2024) 42. Aiding escape from detention centre Any person who aids any detainee in escaping from a detention centre or from legal custody commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(E.R. 3 of 2024) 43. Illegal entry into detention centre Any person who enters any detention centre or remains in any detention centre without the permission of the Superintendent and without reasonable excuse commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.(L.N. 176 of 1992; E.R. 3 of 2024) 44. Visits by legal adviser (1) Reasonable facilities shall be provided for the legal adviser of a detainee to interview the detainee for the purpose of any legal business of the detainee.(2) An interview under subrule (1) shall be conducted in the sight but not in the hearing of an officer.(3) At an interview conducted under subrule (1) a legal adviser may be accompanied by a clerk or interpreter or both.(4) Upon production of written authority from a legal adviser, the clerk to that legal adviser, accompanied by an interpreter if necessary, may for the purposes of this rule interview the detainee in the absence of the adviser.(L.N. 176 of 1992) Schedule [rule 2]1. (Repealed L.N. 533 of 1996)2. (Repealed L.N. 377 of 1993)3. (Repealed L.N. 132 of 1990)4-6. (Repealed L.N. 50 of 2023)7. (Repealed L.N. 142 of 1992)8-9. (Repealed L.N. 50 of 2023)10. (Repealed L.N. 265 of 1993)11. (Repealed L.N. 35 of 1991)12. Phoenix House13. (Repealed L.N. 365 of 1993)14. (Repealed L.N. 50 of 2023)15. (Repealed L.N. 179 of 1994)16. (Repealed L.N. 50 of 2023)17. Stanley Prison (L.N. 6 of 1990)18. (Repealed L.N. 232 of 1991)19. Pik Uk Prison (L.N. 144 of 1990)20. Pik Uk Correctional Institution (L.N. 153 of 1990)21. (Repealed L.N. 50 of 2023)22. Custodial ward of Queen Mary Hospital under the control of the Correctional Services Department, except that part of the ward located therein controlled by the police (L.N. 258 of 1992)23. Custodial ward of Queen Elizabeth Hospital under the control of the Correctional Services Department, except that part of the ward located therein controlled by the police (L.N. 258 of 1992)24. Custodial ward of Kai Tak Hospital under the control of the Correctional Services Department, except the part of the ward that is controlled by the police (L.N. 39 of 2026)