IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) ORDER

IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) ORDER

IMMIGRATION (VIETNAMESE REFUGEE CENTRES)
(OPEN CENTRE) RULES
~~1, C
115, section 13C(2))

[12 June 1981.1

PART 1

INTRODUCTORY

1. These rules may be cited as the Immigration (Vietnamese
Refugee Centres) (Open Centre) Rules.

2. These rules apply to the Vietnamese Refugee Centres specified
in the Schedule.

3. In these rules, unless the context otherwise requires

'centre' means a Vietnamese Refugee Centre to which these rules
apply;

-centre clinic- means the medical clinic allocated to a centre for the
purpose of treating residents of that centre,

-centre co-operative store- means a co-operative store established in a
centre with the approval of the centre manager;

-centre manager' means the person appointed to manage a centre by
the authority or organization responsible for the management of
the centre;

,,centre pass' means a pass issued under rule 4 and includes a
replacement centre pass;

'dormitory building' includes all parts of a building which are set aside
for sleeping purposes;

'resident' 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.

PART II

ACCESS TO CENTRES

4. (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 $20.





(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.

5. On entering or leaving a centre, a resident shall produce his
centre pass for inspection by the guard on duty at the gate.

6. 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.

7. No resident, unless he has permission in writing from the
centre manager, may enter or leave a centre between midnight and
6 a.m.

8. No visitor may enter a centre without the permission of the
centre manager.

8A. (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.

9. A resident shall report forthwith to the centre manager any
loss or defacement of or damage to the centre pass issued to the
resident.

10. 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;

deliberately deface or damage a centre pass; or

(d)permit another person to deface or damage the centre pass
issued to the resident.

PART III

CONDUCT IN CENTRES

11. A resident shall comply with any lawful and reasonable
instruction of the centre manager.

12. A resident shall carry out cleaning and any other reason-
able duties assigned to him by the centre manager.

13. A resident shall not incite any person to disobey any lawful
and reasonable instruction of the centre manager.





14. No person shall organize or participate in any political
activity in the centre.

15. A resident shall not occupy any bed space other than that
allocated to him by the centre manager.

16. (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 com-
mercial 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.

17. (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.

18. 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.

19. No person shall-

(a) fight;
(b) incite another person to fight; or

(c) commit any assault,

in a centre.

20. A resident shall not make excessive or unnecessary noise
inside the centre after 11 p.m. or before 6 a.m.

21. No person shall bring into or consume alcoholic wines or
spirits in the centre.

22. No person shall engage in any gambling in the centre.

PART IV

SAFETY

23. [Deleted, L.N. 92183.1





24. No person shall cook food in any place other than the
kitchen or other area designated by the centre manager as a cooking
area.

25. (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.

26. A resident shall comply with the reasonable instructions of
the centre manager in respect of the use of any electrical appliance.

27. A resident shall not alter, dismantle, remove, tamper with
or damage any fixture, fitting or other installation in the centre.

PART V

HEALTH AND HYGIENE

28. No person shall sell cooked or otherwise prepared food
inside the centre otherwise than as a normal transaction by the
centre co-operative store.

29. A resident shall dispose of refuse in the refuse bins or such
other collection points as may be provided in the centre.

30. No person shall spit in a centre.

31. A resident shall. as soon as it is practicable to do so. report
any sickness to the centre clinic.

PART VI

RESETTLEMENT

32. (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.

33. 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.

34. 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.

PART VII

OFFENCES AND FINES

35. (1) Any person other than a resident who breaches rule 8, 14,
19, 21. 22, 23, 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.

(2) Any resident who breaches rule 5. 7. 8A, 9. 10. 11. 12. 13. 14. 15.
16, 17, 19. 20, 21, 22, 23. 24, 25, 26. 27, 28, 29. 30, 31, 32. 33 or 34 shall be
liable to

(a) a fine not exceeding 5500; or

(b) separate confinement for a period not exceeding 28 days.

which penalties may be imposed by a Chief Immigration Officer.

(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 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 house-
hold and the young person shall both be liable to separate confine-
ment as ordered by the Chief Immigration Officer.

36. (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 collec-
tion 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.

37. 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.

38. (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.

PART VIII

MISCELLANEOUS

39. 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.

SCHEDULE [rule 2.]

1. Jubilee Transit Centre;

2. Kai Tak Transit Centre.
L.N. 182/81. L.N. 201/82. L.N. 92/83. Citation. Application. Schedule. Interpretation. Centre passes. Inspection of pass. Children under 12 years to be accompanied. Centre to close at midnight. Visitor to have permission of centre manager. Resident wishing to visit another centre to have written permission. L.N. 92/83. Loss etc., of card to be reported. Dealings in passes prohibited. Resident to obey instructions. Cleaning, etc. Inciting disobedience. No political activities. L.N. 92/83. Resident to occupy space allocated. Restriction on commercial activities. Employment. L.N. 92/83. Complaints, etc. Fighting. No noise after 11 p.m. No alcoholic drinks. No gambling. Restriction on cooking. No fires. Electrical appliances. No alteration etc., to centre. Prohibition on selling food. Disposal of refuse. No spitting. Reporting sickness. Restriction on living outside centre. Reporting on changes in family. Resident to attend interviews, etc. L.N. 92/83. Offences. L.N. 92/83. (Cap. 115, sub. leg.) L.N. 92/83. Centre manager to collect fines imposed. Failure to pay a fine. L.N. 92/83. Appeals. Authorization of employees. L.N. 92/83.

L.N. 182/81. L.N. 201/82. L.N. 92/83. Citation. Application. Schedule. Interpretation. Centre passes. Inspection of pass. Children under 12 years to be accompanied. Centre to close at midnight. Visitor to have permission of centre manager. Resident wishing to visit another centre to have written permission. L.N. 92/83. Loss etc., of card to be reported. Dealings in passes prohibited. Resident to obey instructions. Cleaning, etc. Inciting disobedience. No political activities. L.N. 92/83. Resident to occupy space allocated. Restriction on commercial activities. Employment. L.N. 92/83. Complaints, etc. Fighting. No noise after 11 p.m. No alcoholic drinks. No gambling. Restriction on cooking. No fires. Electrical appliances. No alteration etc., to centre. Prohibition on selling food. Disposal of refuse. No spitting. Reporting sickness. Restriction on living outside centre. Reporting on changes in family. Resident to attend interviews, etc. L.N. 92/83. Offences. L.N. 92/83. (Cap. 115, sub. leg.) L.N. 92/83. Centre manager to collect fines imposed. Failure to pay a fine. L.N. 92/83. Appeals. Authorization of employees. L.N. 92/83.

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