HKLII Hong Kong Regulations

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IMMIGRATION (VIETNAMESE MIGRANTS) (DETENTION CENTRES) RULES - RULE 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.
(Enacted 1989)



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