Hong Kong Regulations

IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 35

Offences

PART VII

OFFENCES AND FINES

(1) Any person other than a resident who breaches rule 8, 14, 19, 21, 22, 24,
25, 28 or 30 may be removed from the centre by the centre  manager or a police
officer and in removing such persons the centre  manager and the police
officer may use such force as is necessary in the circumstances. (80 of 1997
s. 102)

(2) Any resident who breaches rule 5, 7, 8A, 9, 10, 11, 12, 13, 14, 15, 16,
17, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 or 34 shall be
liable to- (80 of 1997 s. 102)

   (a)  a fine not exceeding $1000; or (L.N. 185 of 1991)

   (b)  separate confinement for a period not exceeding 28 days, which
        penalties may be imposed by a Chief Immigration Officer. (L.N. 92 of
        1983)

(3) A Chief Immigration Officer acting under paragraph (2) may inform himself
as he sees fit as to the circumstances surrounding the alleged breach of rules
and shall not be bound by rules of evidence.

(4) A Chief Immigration Officer shall not impose any penalty under paragraph
(2) unless he is satisfied-

   (a)  that the resident has been given at least 24 hours notice in writing
        of the alleged breach of rules and of the time and place of hearing;

   (b)  that the resident has had a reasonable opportunity to exculpate
        himself; and

   (c)  that the resident has breached these rules.

(5) An order signed by a Chief Immigration Officer specifying that a
Vietnamese refugee be separately confined shall be sufficient authority for
any public officer in charge of a centre specified in the Immigration 
(Places of Detention) Order (Cap 115 sub. leg.) to receive and confine the
Vietnamese refugee in accordance with the confinement order.

(6) Where the person who is alleged to have breached a rule is under 14 years
of age, the person who is recorded in the centre records as the head of the
household to which the young person belongs shall be liable to pay any fine
imposed by the Chief Immigration Officer and in default of payment the head of
household and the young person shall both be liable to separate confinement as
ordered by the Chief Immigration Office. (L.N. 92 of 1983)