IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - CHAPTER 115P IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 115, section 13H) [15 June 1991] (L.N. 232 of 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 1 Citation VerDate:30/06/1997 (1) These rules may be cited as the Immigration (Vietnamese Boat People) (Shek Kwu Chau Detention Centre) Rules. (2) (Omitted as spent) (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 2 Application VerDate:30/06/1997 These rules apply to the Shek Kwu Chau Detention Centre. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 3 Interpretation VerDate:30/06/1997 (1) In these rules, unless the context otherwise requires- "Centre" (中心) means the Shek Kwu Chau Detention Centre; "Commissioner" (處長) means the Commissioner of Police; "deputy Manager" (代理經理) means a person appointed by the Commissioner under rule 4(1)(c) to deputise for the Manager; "detainee" (被羈留者) means a person authorized to be detained in the Centre; "Manager" (經理) means- (a) the person appointed by the Commissioner under rule 4(1)(b) to assist him in the control and management of the Centre; (b) a deputy Manager while deputising for the Manager; "Medical Officer" (醫生) means a Government medical officer assigned to the Centre by the Director of Health or a doctor assigned to the Centre by a voluntary agency approved by the Secretary for Security; "representative" (代表) means a person appointed by the Manager under rule 4(2) to perform specified functions at the Centre; "Shek Kwu Chau Detention Centre" (石鼓洲羈留中心) means the island of Shek Kwu Chau; "Superintendent" (監督) means- (a) the person appointed under rule 4(1)(a) to be in charge of the Centre; (b) in his absence, the most senior police officer on duty at the Centre; "visiting justices" (巡視中心太平紳士) means justices of the peace appointed by the Governor under section 23 of the Prisons Ordinance (Cap 234). (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 the Centre or the well-being of detainees generally. (Enacted 1991) "Centre" (中心) "Commissioner" (處長) "deputy Manager" (代理經理) "detainee" (被羈留者) "Manager" (經理) "Medical Officer" (醫生) "representative" (代表) "Shek Kwu Chau Detention Centre" (石鼓洲羈留中心) "Superintendent" (監督) "visiting justices" (巡視中心太平紳士) "for good cause" (為好的因由) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 4 Appointment of Superintendent and Manager VerDate:30/06/1997 GENERAL PROVISIONS (1) The Commissioner shall appoint- (a) a Superintendent to be in charge of the Centre, who shall be a police officer; (b) a Manager to assist the Commissioner in the control and management of the Centre; and (c) one or more deputy Managers to deputise for the Manager as required. (2) The Manager may appoint one or more representatives to perform specified functions at the Centre and may appoint a deputy Manager as a representative when he is not deputising for the Manager. (3) The Manager and every deputy Manager shall act in accordance with any general or specific directions in connection with the duties of the Manager under these rules which may be communicated to him (in writing or otherwise) by the Commissioner or by the Superintendent. (4) Every deputy Manager and every representative shall act in accordance with any general or specific directions in connection with his duties under these rules which may be communicated to him (in writing or otherwise) by the Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 5 Accommodation VerDate:30/06/1997 Detainees shall occupy accommodation within the Centre as directed by the Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 6 Visiting justices VerDate:01/07/1997 (1) Two visiting justices (one official and one unofficial) shall, together if possible, visit the Centre at least once a month and on such other days as they may be required. (2) The names of the visiting justices shall be furnished by the Chief Secretary for Administration to the Commissioner and the Centre shall be open to them at all reasonable times during their tour of duty. (L.N. 362 of 1997) (3) Visiting justices shall not have any interest in any contract made in respect of the Centre. (4) Visiting justices shall have the following duties in relation to the Centre- (a) at the termination of every visit and before they leave the Centre to record in a book provided for the purpose any recommendations, suggestions or other remarks; (b) to co-operate with the Commissioner, the Superintendent and the Manager in promoting the good management of the Centre; (c) to ensure that all abuses in connection with the Centre which come to their knowledge are brought to the notice of the Commissioner as soon as practicable; (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 Commissioner; (g) to inspect the diets of detainees and if they consider the food supplied does not conform to the recommended diet scale, report the circumstances to the Commissioner; (h) to satisfy themselves that the standard of accommodation and treatment of detainees at the Centre are of an approved level as determined by the Secretary for Security; (i) to inquire into the state of buildings at the Centre and report to the Governor with respect to any repairs or additions which appear to be necessary; and (j) to discharge such other duties as may be assigned to them by the Governor in respect of the Centre. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 6 Visiting justices VerDate:30/06/1997 (1) Two visiting justices (one official and one unofficial) shall, together if possible, visit the Centre at least once a month and on such other days as they may be required. (2) The names of the visiting justices shall be furnished by the Chief Secretary to the Commissioner and the Centre shall be open to them at all reasonable times during their tour of duty. (3) Visiting justices shall not have any interest in any contract made in respect of the Centre. (4) Visiting justices shall have the following duties in relation to the Centre- (a) at the termination of every visit and before they leave the Centre to record in a book provided for the purpose any recommendations, suggestions or other remarks; (b) to co-operate with the Commissioner, the Superintendent and the Manager in promoting the good management of the Centre; (c) to ensure that all abuses in connection with the Centre which come to their knowledge are brought to the notice of the Commissioner as soon as practicable; (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 Commissioner; (g) to inspect the diets of detainees and if they consider the food supplied does not conform to the recommended diet scale, report the circumstances to the Commissioner; (h) to satisfy themselves that the standard of accommodation and treatment of detainees at the Centre are of an approved level as determined by the Secretary for Security; (i) to inquire into the state of buildings at the Centre and report to the Governor with respect to any repairs or additions which appear to be necessary; and (j) to discharge such other duties as may be assigned to them by the Governor in respect of the Centre. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 7 Centre visitors VerDate:30/06/1997 (1) The Commissioner may, from time to time, appoint persons interested in the welfare of detainees at the Centre to be Centre visitors. (2) Centre visitors shall be permitted access to detainees at the discretion of the Manager. (3) Centre visitors shall while in the Centre comply with the instructions of the Manager. (4) Centre visitors shall as soon as reasonably practicable inform the Manager or the Commissioner, as appropriate, of any abuse, unlawful activity or impropriety in the Centre which may come to their knowledge. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 8 Visitors to the Centre to conform to rules VerDate:30/06/1997 (1) No person shall enter the Centre without the permission of the Manager except that visiting justices, centre visitors and visitors permitted by the Superintendent may visit the Centre in accordance with rules 6, 7 and 27 respectively. (2) Every person who under these rules is permitted to enter the Centre shall conform to these rules and to any general orders or instructions issued under section 13H(3) of the Ordinance and affecting the Centre in so far as such rules, general orders or instructions concern him. (3) The Manager, or the Superintendent as the case may be, may refuse to admit to the Centre any person who is not willing to conform in terms of subrule (2) and the Superintendent may direct the removal from the 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. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 9 Examination and search VerDate:30/06/1997 (1) All persons, vehicles, vessels and helicopters entering or leaving the Centre may, for good cause, be examined and searched. (2) The Manager may refuse admission to the Centre of a person who is unwilling to be examined and searched. (3) A person suspected of bringing into or carrying out of the Centre any article without the permission of the Manager may be stopped and detained by the Manager or by a representative and immediate notice thereof shall be given to the Superintendent who may order that the person shall be examined and searched. (4) The Superintendent may direct the removal from the Centre of a person who while in the Centre is unwilling to be examined or searched and for that purpose may use or authorize the use of such force as may be necessary. (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, a person of the opposite sex. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 10 Sick bay VerDate:30/06/1997 A sick bay or proper place for the reception of sick detainees shall be provided at the Centre. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 11 Admission of detainees VerDate:30/06/1997 GENERAL TREATMENT OF DETAINEES The Manager shall make arrangements for the admission to the Centre of all detainees. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 12 Unaccompanied minors VerDate:30/06/1997 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. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 13 Searching of detainees VerDate:30/06/1997 (1) Every detainee may be searched- (a) on admission to the Centre, by a police officer; (b) at any other time, for good cause, at the direction of the Manager. (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, a person of the opposite sex. (4) All articles found on a detainee when searched, for the possession of which no permission has been given under rule 15, shall be taken from the detainee. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 14 Detainees' property VerDate:30/06/1997 (1) Money and other effects belonging to a detainee on admission to the Centre may, if the detainee so requests, be placed in the custody of the Manager. (2) The Manager shall keep an inventory of all money and other effects placed in his custody under subrule (1) and such inventory shall be signed by the detainee concerned to certify its correctness. (3) Subject to subrule (4), all money and effects of a detainee placed in the custody of the Manager under this rule shall be returned to the detainee on his release from detention and he shall sign the inventory as a receipt. (4) Any weapon, intoxicating liquor, or dangerous drug, and any perishable, inflammable or dangerous article or substance belonging to a detainee may be confiscated and disposed of by the Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 15 Possession of articles without authority VerDate:30/06/1997 (1) No detainee may have any article in his possession without the permission of the Manager (which shall not be withheld except for good cause) and any unauthorized article found in a detainee's possession may be confiscated and disposed of by the Manager. (2) No person shall, without the permission of the Manager, convey or throw into, or deposit in, the Centre, or convey to any detainee, any money, food, drink or tobacco, letter or other article whatsoever. (3) Any article conveyed, thrown or deposited in breach of subrule (2) may be confiscated and disposed of by the Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 16 Segregation of new admissions VerDate:30/06/1997 A detainee on first admission to the Centre may, for good cause, be confined separately from other detainees in such place and for such periods as the Superintendent may specify. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 17 Medical examination VerDate:30/06/1997 A detainee shall, on the day of his admission to the 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. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 18 Interview and recording of particulars VerDate:30/06/1997 A detainee shall, as soon as practicable after his admission to the Centre, be interviewed (either individually or in a group) by the Manager or by a representative, who shall record such particulars of the detainee as he considers necessary. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 19 Clothing VerDate:30/06/1997 Every detainee may wear his own clothes. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 20 Blankets VerDate:30/06/1997 (1) Every detainee shall be supplied with up to 4 blankets at the discretion of the Manager. (2) Additional blankets may be issued in special circumstances on the recommendation of the Medical Officer. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 21 Diet VerDate:30/06/1997 Every detainee shall be provided with food in accordance with scales recommended by the Director of Health. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 22 Complaints as to food VerDate:30/06/1997 Every detainee who has any complaint to make regarding the food supplied to him shall make his complaint to the Manager or a representative as soon as reasonably practicable after his food is handed to him. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 23 Directions as to cleanliness VerDate:30/06/1997 Every detainee shall obey such directions as regards washing, bathing, shaving and hair cutting as may, for good cause, be given by the Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 24 Duty to keep dormitory etc. clean VerDate:30/06/1997 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 Manager. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 25 Employment VerDate:30/06/1997 (1) A detainee may undertake within the Centre any occupation or employment permitted by the Manager. (2) Except for good cause the Manager 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 Centre. (3) A detainee employed within the Centre shall be paid in accordance with rates fixed by the Commissioner. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 26 Postal articles VerDate:30/06/1997 (1) Unless the Manager for good cause decides otherwise, every detainee shall be permitted to send and receive postal articles and for that purpose shall be supplied by the Manager with reasonable amounts of paper and writing materials. (2) No detainee may send or receive postal articles except through the Manager. (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. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 27 Visits VerDate:30/06/1997 (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. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 28 Permitted absences VerDate:30/06/1997 (1) The Superintendent or, in his absence, the Manager may, if he sees fit, permit a detainee to be absent from the Centre for such purpose, during such period and on such terms as the Superintendent or the Manager, as the case may be, may specify. (2) If a detainee is permitted under subrule (1) to be absent from the Centre, he shall, while he is so absent, be deemed to continue to be in the legal custody of the Superintendent. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 29 Removal of detainee to hospital etc. VerDate:30/06/1997 (1) Where the Superintendent or, in his absence, the Manager is satisfied that any detainee requires medical, surgical or dental treatment, such detainee may be removed to a hospital or other suitable place for the purpose of such treatment. (2) If a detainee is removed from the Centre under subrule (1) he shall be deemed to continue to be in the legal custody of the Superintendent while he is absent from the Centre. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 30 Prohibition of use of mechanical restraints VerDate:30/06/1997 (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 the Centre, when handcuffs may be used; or (c) under the instructions of the Medical Officer. (2) If 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. (5) An order under subrule (4) shall specify the cause thereof and the time during which the detainee is to be kept under mechanical restraint, and shall be preserved by the Superintendent as his warrant. (6) Particulars of every case of mechanical restraint shall be entered by the Superintendent in his journal. (7) No mechanical restraint shall be used except of such pattern and in such manner and under such conditions as may be approved by the Commissioner. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 31 Temporary confinement VerDate:30/06/1997 The Superintendent or, in his absence, the Manager may, for good cause, order any refractory or violent detainee to be temporarily confined separately from other detainees. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 32 Duty to report alleged offences against discipline VerDate:30/06/1997 DISCIPLINE AND CONTROL OF DETAINEES Subject to rule 36(1) all alleged offences against discipline shall be reported to the Superintendent and it shall be the duty of the Superintendent to adjudicate upon such reports as soon as reasonably practicable. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 33 Segregation of detainee against whom report made VerDate:30/06/1997 A detainee who has been reported for an alleged offence against discipline may, for good cause, be confined separately from other detainees pending adjudication. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 34 Power of Superintendent as to discipline VerDate:30/06/1997 (1) The Superintendent or the Manager 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 Commissioner to appoint some other public officer to do so. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 35 Offences against discipline VerDate:30/06/1997 A detainee commits an offence against discipline if he- (a) disobeys any order of the Superintendent, of the Manager or of any representative while acting as such; (b) contravenes or fails to comply with any of these rules other than rules 39 to 43 inclusive; <* Note - Exp. X-Ref.: Rules 39, 40, 41, 42, 43 *> (c) commits any assault; (d) wilfully disfigures, damages or destroys any part of the Centre, any Government property or any property which is not his own, or converts any such property to his own use; (e) commits any nuisance; (f) without the permission of the Superintendent or of the Manager- (i) has in his possession; or (ii) attempts to obtain possession of, any article for the possession of which the permission of the Superintendent or of the Manager is required; (g) escapes from the Centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not; (h) behaves in such a way as to constitute a threat to security, order, health or morals in the Centre or to the well-being of other detainees generally. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 36 Warning and records VerDate:30/06/1997 (1) Where the Manager considers an alleged offence against discipline to be trivial, he may, instead of reporting it under rule 32, give a warning to the detainee whom he has reason to believe committed the offence and such warning shall be kept on record. (2) Where the Superintendent, having adjudicated upon an alleged offence, considers that punishment under rule 37 is not appropriate, he may give a warning to the offender and such warning shall be kept on record. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 37 Punishments which may be imposed by Superintendent VerDate:30/06/1997 (1) The Superintendent may order a detainee whom he is satisfied has committed an offence against discipline to be punished by one or all of the following punishments- (a) forfeiture of privileges for a period not exceeding 3 months; (b) a fine not exceeding $500; (c) separate confinement for a period not exceeding 28 days. (2) Any detainee who considers himself aggrieved by an 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 Commissioner against such order, and the Superintendent shall forthwith notify the Commissioner accordingly. (3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Commissioner, or a police officer of the rank of Chief Superintendent or above appointed by the Commissioner for the purpose, 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(2). (4) In this rule, references to "the Superintendent" (監督) include any public officer appointed by the Commissioner under rule 34(3) to adjudicate on an alleged offence. (Enacted 1991) "the Superintendent" (監督) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 38 Use of force VerDate:30/06/1997 (1) No person 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 person acting under the authority of these rules shall deliberately act in a manner calculated to provoke a detainee. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 39 Introduction of unauthorized articles into the Centre VerDate:30/06/1997 OFFENCES Any person who brings, throws or in any manner introduces into the Centre, or conveys to any detainee while in legal custody outside the 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 Superintendent or by the Manager, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 40 Supplying unauthorized articles to detainees VerDate:30/06/1997 Any person who- (a) without the permission of the Superintendent or of the Manager sells any intoxicating liquor, opium or other drug, tobacco or other article, in the Centre; or (b) being a person employed in the Centre, permits any article to be sold in the Centre without the permission of the Superintendent or of the Manager, commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 41 Escape VerDate:30/06/1997 Any detainee who escapes from the Centre or from legal custody commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 42 Aiding escape from the Centre VerDate:30/06/1997 Any person who aids any detainee in escaping from the Centre or from legal custody commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 43 Illegal entry into the Centre VerDate:30/06/1997 Any person who, without the permission of the Superintendent or of the Manager and without reasonable excuse, enters the Centre or remains in the Centre commits an offence and is liable to a fine of $5000 and to imprisonment for 6 months. (Enacted 1991) IMMIGRATION (VIETNAMESE BOAT PEOPLE) (SHEK KWU CHAU DETENTION CENTRE) RULES - RULE 44 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent)