IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - CHAPTER 115H IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 115, section 13C(2)) [12 June 1981] (L.N. 182 of 1981) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 1 Citation VerDate:30/06/1997 PART I INTRODUCTORY These rules may be cited as the Immigration (Vietnamese Refugee Centres) (Open Centre) Rules. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 2 Application VerDate:30/06/1997 These rules apply to the Vietnamese Refugee Centres specified in the Schedule. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 3 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "centre" (中心) means a Vietnamese Refugee Centre to which these rules apply; "centre clinic" (中心診所) means the medical clinic allocated to a centre for the purpose of treating residents of that centre; "centre co-operative store" (中心合作店) means a co-operative store established in a centre with the approval of the centre manager; "centre manager" (中心經理) means the person appointed to manage a centre by the authority or organization responsible for the management of the centre; "centre pass" (中心通行證) means a pass issued under rule 4 and includes a replacement centre pass; "dormitory building" (宿舍) includes all parts of a building which are set aside for sleeping purposes; "resident" (居民) includes any Vietnamese refugee who has been given notice to reside in a centre and has subsequently been given permission under rule 32 to live outside that centre. "centre" (中心) "centre clinic" (中心診所) "centre co-operative store" (中心合作店) "centre manager" (中心經理) "centre pass" (中心通行證) "dormitory building" (宿舍) "resident" (居民) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 4 Centre passes VerDate:30/06/1997 PART II ACCESS TO CENTRES (1) A centre manager may issue a centre pass to a resident of that centre. (2) A centre manager may issue a replacement centre pass to a resident whose centre pass is lost, defaced or damaged upon payment of a fee of $40. (L.N. 185 of 1991) (3) A centre manager may in his absolute discretion withdraw a centre pass at any time and he shall not be required to give any reason for such withdrawal. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 5 Inspection of pass VerDate:30/06/1997 On entering or leaving a centre, a resident shall produce either his centre pass or his Vietnamese refugee card for inspection by the guard on duty at the gate. (L.N. 75 of 1996) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 6 Children under 12 years to be accompanied VerDate:30/06/1997 A child under the age of 12 years who is a resident shall not leave a centre unless he is accompanied by a person authorized by the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 7 Centre to close at midnight VerDate:30/06/1997 No resident, unless he has permission in writing from the centre manager, may enter or leave a centre between midnight and 6 a.m. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 8 Visitor to have permission of centre manager VerDate:30/06/1997 No visitor may enter a centre without the permission of the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 8A Resident wishing to visit another centre to have written permission VerDate:30/06/1997 (1) No resident may enter a centre other than that in which he resides without the permission of the manager of that other centre. (2) A resident shall obtain written permission to enter a centre other than that in which he resides by applying for such to the manager of the centre in which he resides. (L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 9 Loss etc., of card to be reported VerDate:30/06/1997 A resident shall report forthwith to the centre manager any loss or defacement of or damage to the centre pass issued to the resident. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 10 Dealings in passes prohibited VerDate:30/06/1997 A resident shall not- (a) use a centre pass issued to another person; (b) permit another person to use the centre pass issued to the resident; (c) deliberately deface or damage a centre pass; or (d) permit another person to deface or damage the centre pass issued to the resident. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 11 Resident to obey instructions VerDate:30/06/1997 PART III CONDUCT IN CENTRES A resident shall comply with any lawful and reasonable instruction of the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 12 Cleaning, etc. VerDate:30/06/1997 A resident shall carry out cleaning and any other reasonable duties assigned to him by the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 13 Inciting disobedience VerDate:30/06/1997 A resident shall not incite any person to disobey any lawful and reasonable instruction of the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 14 No political activities VerDate:30/06/1997 No person shall organize or participate in any political activity in the centre. (L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 15 Resident to occupy space allocated VerDate:30/06/1997 A resident shall not occupy any bed space other than that allocated to him by the centre manager. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 16 Restriction on commercial activities VerDate:30/06/1997 (1) Subject to paragraph (2), a resident shall not engage in commercial activities within the centre other than assisting in the operation of the centre co-operative store. (2) The centre manager may, where he is satisfied that commercial activity shall not interfere with the running or good order of the centre and is otherwise permitted by law, by notice in writing permit a resident to undertake such commercial activity as is specified in the notice. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 17 Employment VerDate:30/06/1997 (1) A resident shall report any employment undertaken by him to the centre manager. (2) A resident who undertakes employment outside a centre shall give full details of his current place of employment and a telephone number for the centre manager to contact him during his employment. (L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 18 Complaints, etc. VerDate:30/06/1997 A resident may at any reasonable time approach the centre manager with any complaint or suggestion on any problem which may affect the good order or discipline of the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 19 Fighting VerDate:30/06/1997 No person shall- (a) fight; (b) incite another person to fight; or (c) commit any assault, in a centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 20 No noise after 11 p.m. VerDate:30/06/1997 A resident shall not make excessive or unnecessary noise inside the centre after 11 p.m. or before 6 a.m. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 21 No alcoholic drinks VerDate:30/06/1997 No person shall bring into or consume alcoholic wines or spirits in the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 22 No gambling VerDate:30/06/1997 No person shall engage in any gambling in the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 23 (Repealed) VerDate:30/06/1997 PART IV SAFETY (Repealed L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 24 Restriction on cooking VerDate:30/06/1997 No person shall cook food in any place other than the kitchen or other area designated by the centre manager as a cooking area. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 25 No fires VerDate:30/06/1997 (1) Subject to paragraph (2), no person shall light or use fire for cooking or any other purpose. (2) The centre manager may approve any area in which he considers it safe to do so as an area in which a fire may be lit for cooking or any other specified purpose. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 26 Electrical appliances VerDate:30/06/1997 A resident shall comply with the reasonable instructions of the centre manager in respect of the use of any electrical appliance. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 27 No alteration etc., to centre VerDate:30/06/1997 A resident shall not alter, dismantle, remove, tamper with or damage any fixture, fitting or other installation in the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 28 Prohibition on selling food VerDate:30/06/1997 PART V HEALTH AND HYGIENE No person shall sell cooked or otherwise prepared food inside the centre otherwise than as a normal transaction by the centre co-operative store. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 29 Disposal of refuse VerDate:30/06/1997 A resident shall dispose of refuse in the refuse bins or such other collection points as may be provided in the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 30 No spitting VerDate:30/06/1997 No person shall spit in a centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 31 Reporting sickness VerDate:30/06/1997 A resident shall, as soon as it is practicable to do so, report any sickness to the centre clinic. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 32 Restriction on living outside centre VerDate:30/06/1997 PART VI RESETTLEMENT (1) A resident shall not live outside a centre unless he has the written permission of an Immigration Officer. (2) It is a condition of any permission given under paragraph (1) that a Vietnamese refugee who is permitted to reside in Hong Kong outside a centre shall inform an Immigration Officer and the centre manager of the centre in which he had been residing at all times of his place of residence. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 33 Reporting on changes in family VerDate:30/06/1997 A resident shall, within 3 days of its occurrence, report to the centre manager any- (a) birth; (b) death; or (c) marriage, that occurs within his family residing in the centre. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 34 Resident to attend interviews, etc. VerDate:30/06/1997 A resident shall attend at the appointed time and place for all interviews, documentation procedures and medical examinations as may be required by the centre manager, an official representing the United Nations High Commissioner for Refugees, any official representing any other organization processing the resettlement of refugees or any Immigration Officer. (L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 35 Offences VerDate:30/06/1997 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) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 36 Centre manager to collect fines imposed VerDate:30/06/1997 (1) A centre manager shall be entitled to collect any fine imposed under rule 35 and shall apply the same within the centre for the welfare and advancement of the residents. (2) A centre manager shall keep proper records of the collection and disbursement of fines collected by him under rule 35 and shall make them available at all reasonable times for audit by an official of the United Nations High Commission for Refugees. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 37 Failure to pay a fine VerDate:30/06/1997 A Chief Immigration Officer may allow a resident time to pay a fine imposed under rule 35 and may direct that if a resident does not pay the fine on or by the due date that the resident shall be separately confined for a period specified in the direction not exceeding 28 days for default of such payment. (L.N. 92 of 1983) IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 38 Appeals VerDate:30/06/1997 (1) A resident may within 48 hours of the imposition of a penalty by a Chief Immigration Officer under rule 35 give notice of appeal against the penalty. (2) A notice under paragraph (1) shall- (a) be in writing; (b) be directed to the Director of Immigration; (c) be served on an immigration officer or a centre manager; (d) set out the grounds for appeal against the finding and penalty; (e) be signed by the resident. (3) The Director of Immigration shall forthwith consider the appeal and serve a copy of his findings on the resident. (4) The Director of Immigration may require the attendance of a resident when he considers an appeal under this rule by that resident. (5) The decision of the Director of Immigration on any appeal shall be final. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - RULE 39 Authorization of employees VerDate:30/06/1997 PART VIII MISCELLANEOUS A centre manager may, by notice in writing, authorize any person employed in a centre to exercise any of the powers or perform any of the duties conferred or imposed upon the centre manager by these rules and the person so authorized shall have and may exercise such powers and perform such duties. IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES - SCHEDULE SCHEDULE VerDate:02/06/2000 [rule 2] 1. (Repealed L.N. 202 of 2000) 2. (Repealed L.N. 75 of 1996) 3. (Repealed L.N. 53 of 1991) 4. (Repealed L.N. 395 of 1991) (L.N. 92 of 1983; L.N. 134 of 1987)