IMMIGRATION (TREATMENT OF DETAINEES) ORDER

IMMIGRATION (TREATMENT OF DETAINEES) ORDER

IMMIGRATION (TREATMENT OF DETAINEES) ORDER
(Cap. 115, section 35(1))
[20 June 19801

L.N. 145 of 1980 L.N. 82 of 1981, R. Ed. 1981, L.N. 197 of 1982, L.N. 246 of 1985, L.N. 246 of
1988, L.N. 145 of 1989, L.N. 174 of 1989, L.N. 359 of 1989

1. Citation

This order may be cited as the Immigration (Treatment of Detainees) Order.

2. Treatment of detainees

A person detained in any place specified in Schedule 2 to this order shall be
accorded the treatment provided in the rules contained in Schedule 1 to this order.

(L.N. 82 of 1981)

SCHEDULE 1 (L.N. 82 of 1981) [para- 2]

RULES

1. Interpretation

In these rules, unless the context otherwise requires-

,,auxiliary office?' means a member of the Auxiliary Medical Service Unit established by the

Essential Services (Auxiliary Medical Services) Corps Regulations (Cap. 197 sub. leg.) or of the
Civil Aid Services Unit established by the Essential Services (Civil Aid Services) Corps Regulations
(Cap. 197 sub. leg.); -Centre- means any place specified in Schedule 2; (L.N. 82 of 1981)
'detainee' means a person detained in the Centre under the Ordinance; 'officer' means an
auxiliary officer and a public officer attached to or directed by the Government

to work at the Centre; 'Superintendent' means, the officer in charge of the Centre.

2. Search

(1) Every detainee may be searched on admission and at such times subsequently as the
Superintendent or any officer authorized by him may direct.

(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 stripped and searched in the sight of another detainee:

Provided that a child under the apparent age of 10 years may be stripped and searched in the
presence of its parent.

(4) No detainee shall be searched other than by an officer of the same sex.

3. Possession of articles

Any article found in the possession of a detainee may be seized and stored until the release,
removal or transfer of the detainee when such article shall be returned to him, unless possession
of





such article is prohibited, or authority for detention of such article is provided for, under some
other Ordinance.

4. Record of particulars of detaineers

A record may be maintained of each detainee and for this purpose an officer may require
from a detainee and take upon his admission and from time to time his name, age, height, weight,
particular marks, fingerprints, photograph and other measurements and particulars. No
photograph or particulars obtained under this rule shall be given to any person unless he is
officially authorized to receive it.

5. Medical examination

A medical officer may on admission and at any time thereafter examine a detainee and after
each such examination shall record the state of the health of the detainee and such other
particulars as he may deem necessary.

6. Disease or vermin

If any detainee is found to have any infectious or contagious disease or to be infested with
vermin, a report shall be made as soon as possible to a medical officer under whose direction
steps, including the vaccination or inoculation of detainees, shall be taken to treat the condition
and to prevent its transmission to other detainees.

7. Accommodation

A detainee shall occupy such accommodation as may be allocated to him by an officer, and
no detainee shall occupy any accommodation if directed by an officer not to do so.

8. Written communications

Subject to the approval of, and to such conditions as may be imposed by, the Superintendent
in his discretion, a detainee may send and receive letters at all reasonable times.

9. visits

A detainee shall not receive visitors except with the prior permission of the Superintendent
given in his discretion.

10. Roll-cad

A detainee shall muster at such times and places as may be required by an officer or by order
of the Superintendent for the purposes of roll-call.

11. Detainees to remain indoors between 8 p.m. and
7 a.m.

A detainee shall return to the accommodation allocated to him by 8 p.m. each night or such
later time as the Superintendent may allow and shall not leave the building in which the
accommodation is contained before 7 a.m. the following morning or such earlier time as the
Superintendent may allow.

12. Detainees not to enter certain
areas

A detainee shall not enter any part of the Centre in breach of any order of an officer or any
official notice prohibiting entry by the detainee to that part.





13. Confinement of
detainees

(1) A detainee who

(a) disobeys a lawful order of an officer;

(b) commits any assault;

(c)wilfully disfigures or damages any part of the Centre or any property which is not
his own;

(d) commits any nuisance; or

(e) contravenes or aids or abets the contravention of any of these rules, may, after due
inquiry and upon being afforded an opportunity to exculpate himself, be separately confined by
order of the Superintendent for a period not exceeding 7 days.

(2) Where in the opinion of the Superintendent, it is desirable either in the interests of a
detainee or in the interests of good order in the Centre that a detainee should he separately
confined, he may be so confined by order of the Superintendent:

Provided that he shall not be so confined for more than 7 days without his consent.

14. Violent detainee may he
restrained

A detainee who is violent may be physically and mechanically
restrained.

15. Complaints

(1) A detainee may complain to the Superintendent, or any officer authorized by the
Superintendent to receive complaints, regarding the treatment received by him or any other
detainee in the Centre.

(2) The Superintendent shall, as soon as practicable after a complaint has been made, record
and investigate that complaint and advise the detainee who made the complaint of the outcome
of his investigation.

SCHEDULE2 [para. 21

CENTRES

1. Kai Tak Vietnamese Boat People Departure Centre(L.N. 246 of 1988)

2-3. (Repealed L.N. 359 of1989)

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