IMMIGRATION (TREATMENT OF DETAINEES) ORDER - CHAPTER 115E IMMIGRATION (TREATMENT OF DETAINEES) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 115, section 35(1)) [20 June 1980] (L.N. 145 of 1980) IMMIGRATION (TREATMENT OF DETAINEES) ORDER - PARAGRAPH 1 Citation VerDate:30/06/1997 This order may be cited as the Immigration (Treatment of Detainees) Order. IMMIGRATION (TREATMENT OF DETAINEES) ORDER - PARAGRAPH 2 Treatment of detainees VerDate:30/06/1997 A person detained in any place specified in Schedule 2 to this order shall be accorded the treatment provided in the rules contained in Schedule 1 to this order. (L.N. 82 of 1981) IMMIGRATION (TREATMENT OF DETAINEES) ORDER - SCHEDULE 1 RULES VerDate:30/06/1997 [paragraph 2] (L.N. 82 of 1981) 1. Interpretation In these rules, unless the context otherwise requires- "auxiliary officer" (輔助人員) means a member of the Auxiliary Medical Service raised under the Auxiliary Medical Service Ordinance (Cap 517) or of the Civil Aid Service raised under the Civil Aid Service Ordinance (Cap 518); (57 of 1997 s. 34; 58 of 1997 s. 34) "Centre" (中心) means any place specified in Schedule 2; (L.N. 82 of 1981) "detainee" (被羈留者) means a person detained in the Centre under the Ordinance; "officer" (中心人員) means an auxiliary officer and a public officer attached to or directed by the Government to work at the Centre; "Superintendent" (監督) means the officer in charge of the Centre. 2. Search (1) Every detainee may be searched on admission and at such times subsequently as the Superintendent or any officer authorized by him may direct. (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 stripped and searched in the sight of another detainee: Provided that a child under the apparent age of 10 years may be stripped and searched in the presence of its parent. (4) No detainee shall be searched other than by an officer of the same sex. 3. Possession of articles Any article found in the possession of a detainee may be seized and stored until the release, removal or transfer of the detainee when such article shall be returned to him, unless possession of such article is prohibited, or authority detention such article is provided for, under some other Ordinance. 4. Record of particulars of detainees A record may be maintained of each detainee and for this purpose an officer may require from a detainee and take upon his admission and from time to time his name, age, height, weight, particular marks, fingerprints, photograph and other measurements and particulars. No photograph or particulars obtained under this rule shall be given to any person unless he is officially authorized to receive it. 5. Medical examination A medical officer may on admission and at any time thereafter examine a detainee and after each such examination shall record the state of the health of the detainee and such other particulars as he may deem necessary. 6. Disease or vermin If any detainee is found to have any infectious or contagious disease or to be infested with vermin, a report shall be made as soon as possible to a medical officer under whose direction steps, including the vaccination or inoculation of detainees, shall be taken to treat the condition and to prevent its transmission to other detainees. 7. Accommodation A detainee shall occupy such accommodation as may be allocated to him by an officer, and no detainee shall occupy any accommodation if directed by an officer not to do so. 8. Written communications Subject to the approval of, and to such conditions as may be imposed by, the Superintendent in his discretion, a detainee may send and receive letters at all reasonable times. 9. Visits A detainee shall not receive visitors except with the prior permission of the Superintendent given in his discretion. 10. Roll-call A detainee shall muster at such times and places as may be required by an officer or by order of the Superintendent for the purposes of roll-call. 11. Detainees to remain indoors between 8 p.m. and 7 a.m. A detainee shall return to the accommodation allocated to him by 8 p.m. each night such later time as the Superintendent may allow and shall not leave the building in which the accommodation is contained before 7 a.m. the following morning or such earlier time as the Superintendent may allow. 12. Detainees not to enter certain areas A detainee shall not enter any part of the Centre in breach of any order of an officer or any official notice prohibiting entry by the detainee to that part. 13. Confinement of detainees (1) A detainee who- (a) disobeys a lawful order of an officer; (b) commits any assault; (c) wilfully disfigures or damages any part of the Centre or any property which is not his own; (d) commits any nuisance; or (e) contravenes or aids or abets the contravention of any of these rules, may, after due inquiry and upon being afforded an opportunity to exculpate himself, be separately confined by order of the Superintendent for a period not exceeding 7 days. (2) Where in the opinion of the Superintendent, it is desirable either in the interests of a detainee or in the interests of good order in the Centre that a detainee should be separately confined, he may be so confined by order of the Superintendent: Provided that he shall not be so confined for more than 7 days without his consent. 14. Violent detainee may be restrained A detainee who is violent may be physically and mechanically restrained. 15. Complaints (1) A detainee may complain to the Superintendent, or any officer authorized by the Superintendent to receive complaints, regarding the treatment received by him or any other detainee in the Centre. (2) The Superintendent shall, as soon as practicable after a complaint has been made, record and investigate that complaint and advise the detainee who made the complaint of the outcome of his investigation. "auxiliary officer" (輔助人員) "Centre" (中心) "detainee" (被羈留者) "officer" (中心人員) "Superintendent" (監督) IMMIGRATION (TREATMENT OF DETAINEES) ORDER - SCHEDULE 2 CENTRES VerDate:30/06/1997 [paragraph 2] 1. (Repealed L.N. 138 of 1992) 2-3. (Repealed L.N. 359 of 1989) 4. The land and buildings known as Hut 8A and B and the adjacent exercise area in Section 5 of the Whitehead Detention Centre which area is delineated in red on a plan numbered APB/13207A signed by the Secretary for Security and dated 5 August 1991 and thereon coloured pink copies of which plan are deposited in the offices of the Security Branch of the Government Secretariat, Central Government Offices, Hong Kong and at the Whitehead Detention Centre. (L.N. 339 of 1991) 5. New Horizons Vietnamese Refugee Departure Centre. (L.N. 104 of 1992) 6. 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. 256 of 1992) 7. 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. 256 of 1992) 8. The ground floor of the Kai Tak Vietnamese Migrant Transit Centre. (L.N. 277 of 1993) 9. Chi Ma Wan Detention Centre (Lower Camp). (L.N. 278 of 1993) 10. High Island Detention Centre. (L.N. 361 of 1997)