Hong Kong Regulations

IMMIGRATION (TREATMENT OF DETAINEES) ORDER - SCHEDULE 1

RULES

[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)