IMMIGRATION (PLACES OF DETENTION) ORDER

IMMIGRATION (PLACES OF DETENTION) ORDER

IMMIGRATION (PLACES OF DETENTION) ORDER
(Cap. 115, section 35(1))
[21 February 19751

L.N. 50 of 1975 L.N. 109 of 1975, L.N. 110 of 1975, L.N. 119 of 1975, L.N. 134 of 1975, L.N.
265 of 1975, L.N. 282 of 1977, L.N. 31 of 1978, L.N. 260 of 1978, L.N. 282 of 1978, L.N.
283 of 1978, L.N. 6 of 1979, L.N. 12 of 1979, L.N. 22 of 1979, L.N. 23 of 1979, L.N. 24 of
1979, L.N. 42 of 1979, L.N. 63 of 1979, L.N. 69 of 1979, L.N. 102 of 1979, L.N. 128 of
1979, L.N. 136 of 1979, L.N. 167 of 1979, L.N. 174 of 1979, L.N. 182 of 1979, L.N. 185 of
1979, L.N. 238 of 1979, L.N. 144 of 1980, L.N. 181 of 1980, LA 218 of 1980, L.N. 241 of
1980, L.N. 290 of 1980, L.N. 295 of 1980, L.N. 336 of 1980, L.N. 59 of 1981, L.N. 81 of
1981, L.N. 154 of 1981, L.N. 256 of 1981, L.N. 5 of 1982, L.N. 198 of 1982, L.N. 344 of
1982, L.N. 300 of 198-7, L.N. 327 of 1983, L.N. 361 of 1983, L.N. 352 of 1984, L.N. 248 of
1985, L.N. 249 of 1985, L.N. 22 of 1986, L.N. 241 of 1986, L.N. 29 of 1987, L.N. 260 of
1987, L.N. 265 of 1987, L.N. 268 of 1987, L.N. 274 of 1987, L.N. 361 of 1987, L.N. 429 of
1987, R. Ed. 1987, L.N. 150 of 1988, L.N. 183 of 1988, L.N. 206 of 1988, L.N. 245 of
1988, L.N. 275 of 1988, L.N. 296 of 1988, R. Ed. 1988, L.N. 13 of 1989, L.N. 93 of 1989,
L.N. 144 of 1989, L.N. 153 of 1989, L.N. 167 of 1989, L.N. 173 of 1989, L.N. 213 of 1989,
L.N. 224 of 1989, L.N. 238 of 1989, L.N. 274 of 1989, L.N. 323 of 1989, L.N. 326 of 1989,
L.N. 358 of 1989, L.N. 384 of 1989,

1. Citation

This order may be cited as the Immigration (Places of Detention) Order.

2. Places of detention

The places specified in Schedules 1, 2 and 3 shall be places at which a person
required or authorized to be detained by or under the Ordinance may be so detained.

3. Application of Prison Rules

A person detained in any place set out in Schedule 1 shall receive the same
treatment as that which is accorded to a person committed to prison for safe custody
in any of the circumstances specified in rule 188(1) of the Prison Rules (Cap. 234 sub.
leg.) and, mutatus mutandis, rules 189 to 2017 (inclusive) of the Prison Rules (Cap.
234 sub. leg.) shall apply to him.

3A. Power to modify privileges under Prison Rules

Notwithstanding paragraph 3, the privileges specified in rules 203 and 206 of
the Prison Rules (Cap. 234 sub. leg.) may be modified or withdrawn

(a)by the Commissioner of Correctional Services in his discretion in
respect of a person detained in a place specified in Schedule 1 of
which he has the control;





(b)by the Commissioner of Police in his discretion in respect of a person
detained in a place specified in Schedule 1 of which he has the control.

(L.N. 63 of 1979; L.N. 102 of 1979; L.N. 167 of 1979)

3B. Use of telephone

Notwithstanding paragraph 3, a person detained in that part of Victoria Prison
known as Victoria Immigration Centre and occupied by the Immigration Department
may, upon request made to the Commissioner of Correctional Services or to the
Director, be permitted at all reasonable times to make use of a telephone provided for
the bona fide purpose of communicating with his legal advisers, relatives or friends.

(L.N. 59 of 1981)

4. Treatment of young persons

A person, who in the opinion of an immigration officer is under the age of 16
years, may be detained in any place set out in Schedule 2 and shall receive the same
treatment as that which is accorded to a child or young person detained in a place of
refuge under section 34E of the Protection of Women and Juveniles Ordinance (Cap.
213).

SCHEDULE1 [paras. 2 31

1 The sites and buildings from time to time set apart for the purposes of prisons under the
Prisons Ordinance (Cap. 234) and which are specified in the Schedule to the Prisons Order
(Cap. 234 sub. leg.).

2.Addiction Treatment Centres from time to time appointed under the Drug Addiction
Treatment Centres Ordinance (Cap. 244) and which are set out in the Addiction Treatment
Centre (Consolidation) Order (Cap. 244 sub. leg.).

3. Any police station.

4. Custodial wards of the Queen Mary Hospital and Queen Elizabeth Hospital.

5. San Uk Ling Holding Centre.

6-11. (Repealed L.N. 358 of 1989) 12. Green Island Reception Centre. 13-22. (Repealed L.N.
358 of1989)

(L.N. 93 of 1989)

SCHEDULE2 [paras. 2 41

1. The Chuk Yuen Children's Reception Centre.

2. The Ma Tau Wai Girls'Home.





3. The Begonia Road Boys'Home.

4. The Pui Yin Juvenile Home. (L.N. 22 of 1986)

SCHEDULE3 [para. 21

1 The Immigration Department Detention Quarters within the Hong Kong Airport Building.

2.The area of the 13th floor of the Wanchai Tower 11, 7 Gloucester Road, occupied by the
Immigration Department set aside as a detention room. (L.N. 384 of 1989)

3. Victoria Road Centre. (L.N. 336 of 1980)

4.The area of the Hong Kong-Macau Ferry Terminal occupied by the Immigration Department
set aside as a detention room. (L.N.119of1975)

5.The area of the first floor of the China Ferry Terminal, Canton Road, Tsimshatsui occupied
by the Immigration Department set aside as detention quarters. (L.N. 296 of 1988)

6. The military camp at Dills Corner, New Territories. (L.N. 282 of 1978)

7.Rooms 13128, 1 1E/13A, 8W/16A, 8W/19 and 8W/18A and the West Wing of Ward 10 of
the British Military Hospital, Kowloon. (L.N. 12 of 1979)

8-9. (Repealed L.N. 249 of 1985)

10. (Repealed L.N. 358 of 1989)

11. (Repealed L.N. 198 of 1982)

12.The area of the 5th floor of the Yu Yuet Lai Building, No. 43-55 Wyndham Street, occupied
by the Immigration Department set aside as a detention room. (L.N. 256 of 1981)

13. (Repealed L.N. 275 qf 1988)
14. Kai Tak Vietnamese Boat People Departure Centre.(L.N. 245 of 1988)

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