IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (CLOSED CENTRE) ORDER

IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (CLOSED CENTRE) ORDER

(VIETNAMESE REFUGEE CENTRES)
CLOSED CENTRE) RULES

A ANGEMENT OF RULES

-A

Rule V Page
PRELIMINARY

1. Citation ..............................J3
2. Application ...........................J3
3. Interpretation ........................ J3

GENERAL
PROVISIONS

4. Control and management .......1 ......J 3

5. Accommodation ........................J 4

6. General orders ................................................................... .................... J 4
7. Visiting justices ...............................................................................
................................J 4

8. Centre visitors .............................................................................................................. J
5

9. Visitors to conform to rules .........J 5
10.......................................Examination and search J 5

11...........Sick bay ........................................................................................................... J
6

GENERAL TREATMENT OF
DETAINEES

12.......................................Admission of detainees J 6
13.......................................Searching J 6

14...........Detainees' property
................................................................. J 6

15.......................................Possession of articles without authority J 7
16.......................................Segregation of new admissions J 7
17.......................................Medical examination J 7
18.......................................Interview and recording of particulars J 7
19.......................................Clothing J 7
20.......................................Blankets J 7
21.......................................Diet J 7
22.......................................Complaints as to food J 7
23.......................................Obedience to directions as to cleanliness J 8
24.......................................Duty to keep dormitory etc. clean J 8
25.......................................Employment J 8
26.......................................Letters J 8
27.......................................Visits J 8
27A......................................Permitted absences J 8

28.........................Removal of detainee to hospital etc . .......................................... J 9





Rule Page

29. Prohibition of use of mechanical restraints
............................................ J 9
30. Temporary confinement .............. J 9

DISCIPLINE AND CONTROL OF DETAINEES

31......................................Duty to report offences against discipline J 10
32......................................Segregation of detainee against whom report made J 10
33......................................Power of Superintendent as to discipline J 10
34......................................Offences against discipline J 10
35......................................Punishments which may be imposed by Superintendent J 11
36......................................Use of force J11
37......................................Occasions when arms may be used J11

OFFENCES
38......................................Introduction of unauthorized article into centre J 12
39......................................Supplying unauthorized articles to detainees J 12
40......................................Aiding escape from centre J 12
41......................................Illegal entry into centre J 12

Schedule.....................................................................
....................................................... ....... J 13





IMMIGRATION (VIETNAMESE REFUGEE CENTRES)
(CLOSED CENTRE) RULES

(Cap. 115, section 13C)

[9 July 19821

L.N. 263182 -L.N. 349182, R. Ed. 1982, L.N. 302183, L.N. 329183, L.N. 354184, L.N. 255185,
L.N. 245186, L.N. 160/88 L.N. 184188, L.N. 209188, L.N. 276188, L.N. 278/88



PRELIMINARY

Citation
1. These rules may be cited as the Immigration (Vietnamese Refugee

Centres) (Closed Centre) Rules.

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

Schedule.

Interpretation
3. In these rules unless the context otherwise requires-

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

'Commissioner' means the Commissioner of Correctional Services;

'detainee' means a Vietnamese refugee who has been directed to be detained in

a centre;

'Medical Officer' means a Government medical officer assigned to a centre by

the Director of Medical and Health Services;

'officer' means an officer of the Correctional Services Department appointed

under rule 4(2) to assist the Commissioner in the control and management of a
centre;

'Superintendent' means the Superintendent appointed under rule 4(2) to be in

charge of a centre;

'visiting justices' means the justices of the peace appointed by the Governor

under section 23 of the Prisons Ordinance (Cap. 234).

GENERAL PROVISIONS

Control and management
4. (1) The Commissioner shall have control and management of all

centres.





(2) The Commissioner shall appoint an officer of the Correctional Services
Department to be the Superintendent in charge of each centre and such other
officers of, and persons employed in, the Correctional Services Department as may
be necessary to assist him in the control and management of a centre.

Accommodation

5. Detainees shall occupy accommodation within a centre as directed by the
Superintendent.

General orders

6. (1) The Commissioner may issue such general orders and instructions not
inconsistent with the Ordinance or these rules as are necessary or expendient for
the administration of centres.

(2) Every officer and other person employed in a centre shall in the exercise of
any powers, functions or duties under the Ordinance or these rules comply with any
general orders and instructions issue under subrule (1).

Visiting justices

7. (1) Two visiting justices (one official and one unofficial) shall, together if
possible, visit every centre at least once a month and on such other days as they
may be required. Their names shall be furnished by the Chief Secretary to the
Commissioner and every centre shall be open to them at all reasonable times during
their tour of duty.

(2) Visiting justices shall not have any interest in any contract made in respect
of any centre.

(3) Visiting justices shall have the following duties in relation to a 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 in promoting the good management
of the centre;

(e)to ensure that all abuses in connection with the centre which come to their
knowledge are brought to the notice of the Commissioner immediately;

(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;

to attend to all report received by them as to the mind or body of any
detainee being likely to he injured by discipline or treatment to which he is
subjected and communicate their opinion to the Commissioner;





(g)to inspect the diets of the 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 standards of buildings and treatment of
the detainees are of an approved level as determined by the Secretary
for Security;

(i)to inquire into the state of buildings and report to the Governor with
respect to any repairs or additions which may appear to them to be
necessary; and

(j)to discharge such other duties as may be assigned to them by the
Governor.

Centre visitors

8. (1) The Commissioner may, from time to time, appoint persons inter-
ested in the welfare of detainees to be centre visitors.

(2) Centre visitors shall be permitted access to detainees at the discretion
of the Superintendent.

(3) Centre visitors shall while in a centre comply with the instructions of
the Superintendent.

(4) Centre visitors shall as soon as is reasonably practicable inform the
Superintendent of any abuse, unlawful activity or impropriety in a centre which
may come to their knowledge.

Visitors to conform to rules

9. (1) Every person who enters any centre shall conform to these rules
and to the general orders and instructions affecting the centre in so far as those
rules, general orders and instructions concern him.

(2) The Superintendent may refuse to admit to a centre any person who is
not willing to conform as aforesaid and may direct the removal from a 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.

Examination and search

10. (1) All persons and vehicles entering or leaving a centre may be
examined and searched.

(2) The Superintendent may refuse admission to a centre of a person who
is unwilling to be examined and searched.

(3) A person suspected by an officer of bringing into or carrying out of a
centre any article without the permission of the Superintendent shall be stopped
by that officer and immediate notice thereof shall be given to the Superintendent
who may order that he shall be examined and searched.





(4) The Superintendent may direct the removal from a centre of a person who
while in a centre is unwilling to be examined or searched or whose conduct is
improper.

(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, an officer of the
opposite sex.

Sick bay

11. In every centre a sick bay or proper place for the reception of sick detainees
shall be provided.

GENERAL TREATMENT OF
DETAINEES

Admission of detainees

12. The Superintendent of a centre to which a detainee has been directed to be
detained shall make arrangements for the admission of the detainee.

Searching

13. (1) Every detainee shall be searched by an officer on admission to a centre
and at such times subsequently as the Superintendent may direct, and all articles for
the possession of which no permission has been given shall be taken from him.

(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, an officer of the
opposite sex.

Detainees' property

14. (1) Money and other effects belonging to a detainee may be placed in the
custody of the Superintendent, who shall cause an inventory thereof to be kept.
Such inventory shall be signed by the detainee concerned certifying its correctness.

(2) Subject to subrule (3), all such money and effects shall be returned to a
detainee on his release from detention and he shall sign the inventory as a receipt.

(3) Any weapon, intoxicating liquor, dangerous drug, perishable, inflammable
or dangerous article or substance belonging to a detainee may be confiscated by
the Superintendent.





Possession of articles without authority

15. (1) No detainee shall have any article in his possession without the
permission of the Superintendent and any unauthorized article found in his
possession shall be confiscated by the Superintendent.

(2) No person shall, without the permission of the Superintendent, convey or
throw into, or deposit in, any centre, or convey to any detainee, any money, food,
drink or tobacco, letter or other article whatsoever. Any such article so conveyed,
thrown or deposited may be confiscated by the Superintendent.

Segregation of new admissions

16. A detainee on first admission to a centre may be kept apart from other
detainees in such place and for such period as the Superintendent may prescribe.

Medical examination

17. A detainee shall, on the day of his admission to a 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.

Interview and recording of particulars

18. A detainee shall, as soon as practicable after his admission to a centre, be
interviewed by the Superintendent, who shall record such particulars of the detainee
as he considers necessary.

Clothing

19. Every detainee may wear his own clothes.

Blankets

20. (1) Every detainee shall be supplied with up to 4 blankets at the discretion
of the Superintendent.

(2) Additional blankets may be issued in special circumstances on the
recommendation of the Medical Officer.

Diet

21. Every detainee shall be provided with food in accordance with scales
recommended by the Director of Medical and Health Services.

Complaints as to food

22. Every detainee who has any complaint to make regarding the food supplied
to him shall make his complaint to an officer as soon as reasonably practicable after
his food is handed to him.





Obedience to directions as to cleanliness

23. Every detainee shall obey such directions as regards washing, bathing,
shaving and hair cutting as may be prescribed by the Superintendent.

Duty to keep dormitory etc. clean

24. Every detainee shall keep his dormitory, bathroom and toilet clean,
and his utensils, clothing and bedding clean and neatly arranged, as directed by
the Superintendent.

Employment

25. (1) A detainee may undertake within or outside the centre such
employment as may be permitted by the Superintendent in accordance with
instructions issued by the Commissioner. (L.N. 278188)

(2) A detainee employed in a kitchen or in domestic or other service
within a centre shall be paid in accordance with rates fixed by the Com-
missioner.

Utters

26. (1) Every detainee may, at the discretion of the Superintendent, be
permitted to send and receive letters, and shall be supplied by the Superinten-
dent with such paper and writing materials as may be reasonably required.

(2) No detainee may send or receive letters except through the Super-
intendent.

(3) Every letter sent by or intended for a detainee may be opened and its
contents examined by the Superintendent or some person appointed by him for
the purpose.

Visits

27. Every detainee shall, subject to the orders of the Superintendent, be
permitted to be visited by such persons and in such manner as may be prescribed
by the Commissioner.

Permitted absences

27A. (1) The Superintendent may, if he sees fit, permit a detainee to be
absent from the centre, during such period and on such terms as the Superinten-
dent may specify, or order to study, undertake employment permitted under
rule 25(1), obtain recreation or do such other things as the Superintendent may
approve.

(2) A detainee may be permitted under subrule (1) to be absent from the
centre unsupervised.

(3) 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.
(L.N. 278188)





Removal of detainee to hospital etc.

28. (1) Where the Superintendent is satisfied that any detainee requires
medical, surgical or dental treatment such detainee may be removed by or under the
direction of the Superintendent to a hospital or other suitable place for the purpose
of treatment and may in like manner be taken back to the centre.

(2) In any such case the detainee shall be deemed to continue to be in the legal
custody of the Superintendent while he is absent from the centre.

Prohibition of use of mechanical restraints

29. (1) Mechanical restraints shall not be used as a punishment or for any
purpose except

(a)to prevent a detainee from injuring himself or others, or damaging
property, or creating a disturbance; or

(b)to ensure the safe custody of a detainee during removal from a centre,
when handcuffs may be used:

Provided that they may be used under the instructions of the Medical Officer.

(2) When 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 forthwith
be given to one of the visiting justices and to the Medical Officer.

(3) The Medical Officer on receipt of such notice shall forthwith 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. Such order shall specify the cause thereof and the time
during which the detainee is to be so kept, and shall be preserved by the
Superintendent as his warrant.

(5) Particulars of every case of machanical restraint shall be forthwith entered
by the Superintendent in his journal.

(6) No mechanical means of restraint shall be used except of such patterns and
in such manner and under such conditions as may be approved by the
Commissioner.

Temporary confinement

30. The Superintendent may order any refractory or violent detainee to be
temporarily confined in a cell or room.





DISCIPLINE AND CONTROL OF
DETAINEES

Duty to report offences against discipline

31. All offences against discipline shall be reported to the Superintendent and
it shall be the duty of the Superintendent to investigate such reports as soon as
reasonably practicable.

Segregation of detainee against whom report made

32. A detainee who has been reported for an offence against discipline shall be
kept apart from other detainees pending adjudication.

Power of Superintendent as to discipline

33. The Superintendent may interrogate any person touching any alleged
offence against discipline and determine thereupon and punish the offender.

Offences against discipline

34. A detainee commits an offence against discipline if he-

(a) disobeys any order of the Superintendent or of any other officer;

(b) contravenes or fails to comply with any of these rules;

(c)treats with disrespect any officer, or any person authorized to visit the
centre;

(d)swears, curses or uses any abusive, insolent, threatening or other
improper language;

(e) is indecent in language, act or gesture;

(f) commits any assault;

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

(h) commits any nuisance;

(i) without the permission of the Superintendent-

(i) has in his possession; or

(ii) attempts to obtain possession of, any article for the possession of
which the permission of the Superintendent is required;

(j)absconds 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;

(k) in any way offends good order and discipline;

(1) makes a false and malicious allegation;

(m) makes repeated groundless complaints;

(n) loses or wilfully damages or destroys any Government property.





Punishments which may he imposed by Superintendent

35. (1) The Superintendent may order a detainee, who commits any
offence against discipline, to be punished by either or both of the following
punishments-

(a) separate confinement for any period not exceeding 28 days;

(b) forfeiture of privileges for a period not exceeding 3 months.

(2) Any detainee who considers himself aggrieved by any 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 Commis-
sioner accordingly and shall stay execution of the order pending the hearing of
the appeal.

(3) Upon hearing the appeal, whether made by the detainee in person or
in writing, the Commissioner 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).

Use of force

36. (1) No officer 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 officer shall deliberately act in a manner calculated to provoke a
detainee.

Occasions when arms may be used

37. (1) Every officer shall be provided with whistles and they may be
issued with arms, as the Commissioner may direct.

(2) Every officer may use arms against any detainee escaping or
attempting to escape:

Provided that resort shall not be had to the use of arms unless the officer
has reasonable cause to believe that he cannot otherwise prevent the escape.

(3) Every officer may use arms on any detainee engaged in riotous
conduct or any combined outbreak, or in any attempt to force or break open the
outside door or gate or enclosure fence of a centre, and may continue to use
such arms so long as such riotous conduct, combined outbreak or attempt is
being actually prosecuted.

(4) Every officer may use arms against any detainee using violence to any
other officer or other person if he has reasonable grounds to believe that the
officer or other person is in danger of life, or limb, or that other grievous hurt is
likely to be caused to him.





(5) Before using arms against a detainee under the authority contained in
subrule (2), the officer shall warn such detainee that he is about to fire on him.

(6) An officer shall not, in the presence of his superior officer, use arms of any
sort against a detainee in the case of an outbreak or attempt to escape except under
the express orders of such superior officer.

(7) The use of arms under this rule shall be, as far as possible, to disable and
not to kill.

(8) Every officer while acting as such, shall have all the powers, authorities and
protection of a police officer as defined in the Police Force Ordinance (Cap. 232)
except as to pay and pension or other reward.

OFFENCES

Introduction of unauthorized article into centre

38. Any person, other than a detainee, who brings, throws or in any manner
introduces into any centre, or conveys to any detainee while in custody outside a
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
Commissioner, commits an offence and is liable to a fine of $1,000 and to imprisonment for
6 months.

Supplying unauthorized articles to detainees

39. Any person-

(a)other than a detainee, who without the authority of the Commissioner
sells any intoxicating liquor, opium or other drug, tobacco or other article,
in a centre; or

(b)being an officer or other person employed in a centre, who permits any
article to be sold in a centre without the authority of the Commissioner,



commits an offence and is liable to a fine of $1,000 and to imprisonment for 6 months.

Aiding escape from centre

40. Any person other than a detainee who aids any detainee in escaping from a
centre or from legal custody commits an offence and is liable to imprisonment for 6
months.

Illegal entry into centre

41. Any person who enters any centre or remains in any centre without the

permission of the Superintendent commits an offence and is liable to a fine of
$1,000 and to imprisonment for 6 months.





SCHEDULE

Cape Collinson Correctional Institution
Hei Ling Chau Addiction Treatment Centre
Lai Chi Kok Reception Centre
Pillar Pillar Point Vietnames Refugee Centre
(L.N.276/88)
San Yick Closed Centre (L.N.209/88)

Sham Shui Po Closed Centre. (L.N. 160/88)

Siu Lam Psychiatric Centre (L.N. 209/88)

Stanley Prison

Tai Lam Centre for Women

Tai Tam Gap Correctional Institution

Tuen Mun Closed Centre (L.N. 245/86)

Victoria Prison

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