IMMIGRATION (VIETNAMESE BOAT PEOPLE) (DETENTION CENTRES) RULES

IMMIGRATION (VIETNAMESE BOAT PEOPLE) (DETENTION CENTRES) RULES

IMMIGRATION (VIETNAMESE BOAT PEOPLE)
(DETENTION CENTRES) RULES

ARRANGEMENT OF RULES

Rule Page

1. Citation ............................M 3
2. Application .........................M 3
3. Interpretation ......................M 3

GENERAL PROVISIONS

4. Appointment of Superintendent and officers M 3
5. Accommodation .......................M4
6. Visiting justices ...................M 4
7. Detention centre visitors ...........M 5

8. Detention centre visitors to conform to rules ... M 5
9. Examination and search ..............M 5
10. Sick bay ...........................M 6

GENERAL TREATMENT OF DETAINEES

11. Admission of detainees ..............M 6
12. Unaccompanied minors ................M 6
13. Searching ...........................M 6
14. Detainees' property .................M 6
15. Possession of articles without authority M 7
16. Segregation of new admissions .......M 7
17. Medical examination .................M 7
18. Interview and recording of particulars M 7
19. Clothing ............................M 7
20. Blankets ............................M 7
21. Diet ................................M 8

22. Complaints as to food ............................ M
8
23. Obedience to directions as to cleanliness M 8
24. Duty to keep dormitory etc. clean ... M 8
25. Employment ..........................M 8
26. Letters .............................M 8
27. Visits ..............................M 9
28. Permitted absences ..................M 9
29. Removal of detainee to hospital etc . M 9
30. Prohibition of use of mechanical restraints M 9
31. Temporary confinement ............... M10

17 1 -





Rule Page

DISCIPLINE AND CONTROL OF
DETAINEES

32......................................Duty to report offences against discipline M10
33......................................Segregation of detainee against whom report made M10
34......................................Power of Superintendent as to discipline M10
35......................................Offiences against discipline M10
36......................................Warning and records M11
37......................................Punishments which may be imposed by Superintendent M11
38......................................Use of force M11

OFFENCES

39......................................Introduction of unauthorized article into detention centre M 12
40......................................Supplying unauthorized articles to detainees M 12
41......................................Escape M 12
42......................................Aiding escape from detention centre M 12
43......................................Illegal entry into detention centre M 12

Schedule .
........................................................................................................................ M 13





IMMIGRATION (VIETNAMESE BOAT PEOPLE)
(DETENTION CENTRES) RULES

(Cap. 115, section 13H)

[3 November 19891

L.N. 361 of 1989 0.

1. citation

These rules may be cited as the Immigration (Vietnamese Boat People)

(Detention Centres) Rules.

2. Application

These rules apply to the detention centres specified in the Schedule.

3. Interpretation

In these rules, unless the context otherwise requires

'Authority' means the person appointed to have control and management of a
detention centre under section 13H;

'detainee' means a person detained in a detention centre under section 13D

'Medical Officer' means a Government medical officer assigned to a detention
centre by the Director of Health or a doctor assigned to a detention centre by a
voluntary agency as approved by the Secretary for Security;

'minor' means a person under the age of 16 years;

'officer' means an officer appointed under rule 4 to assist the Authority in the
control and management of a detention centre;

'Superintendent' means the Superintendent appointed under rule 4 to be in charge
of a detention centre;

'visiting justices' means the justices of the peace appointed by the Governor under
section 23 of the Prisons Ordinance (Cap. 234).

GENERAL PROVISIONS

4. Appointment of Superintendent and officers

(1) The Authority appointed to have control and management of a

detention centre shall appoint

(a) a Superintendent to be in charge of the centre; and

(b)such other officers to assist the Authority in the control and
management of the centre.

(2) The Superintendent and other officers appointed under subrule (1)

shall be





(a)where the Authority is the Commissioner of Police, police officers;

(b)where the Authority is the Commissioner of Correctional Services,
officers of the Correctional Services Department; or

(c)where the Authority is the Chief Staff Officer, Civil Aid Services,
officers of the Civil Aid Services.

5. Accommodation

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

6. Visiting justices

(1) Two visiting justices (one official and one unofficial) shall, together if
possible, visit every detention 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
Authority of every detention centre and every detention 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 detention centre.

(3) Visiting justices shall have the following duties in relation to a detention
centre

(a)at the termination of every visit and before they leave the detention
centre to record in a book provided for the purpose any
recommendations, suggestions or other remarks;

(b)to co-operate with the Authority in promoting the good management
of the detention centre;

(c)to ensure that all abuses in connection with the detention centre
which come to their knowledge are brought to the notice of the
Authority 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;

(f) to attend to all reports received by them as to the mind or body of
any detainee being likely to be injured by discipline or treatment to
which he is subjected and communicate their opinion to the
Authority;

(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 Authority;





(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.

7. Detention centre visitors
(1) An Authority may, from time to time, appoint persons interested in
the welfare of detainees of his detention centre to be detention centre visitors.
(2) Detention centre visitors shall be permitted access to detainees at the
discretion of the Superintendent.
(3) Detention centre visitors shall while in a detention centre comply with
the instructions of the Superintendent.
(4) Detention centre visitors shall as soon as reasonably practicable
inform the Superintendent of any abuse, unlawful activity or impropriety in a
detention centre which may come to their knowledge.

8. Detention centre visitors to conform to rules
(1) No person shall enter a detention centre without the permission of the
Superintendent.
(2) Every person who, with the permission of the Superintendent, enters
any detention centre shall conform to these rules and to the general orders and
instructions affecting the detention centre in so far as those rules, general orders
and instructions concern him.
(3) The Superintendent may refuse to admit to a detention centre any
person who is not willing to conform as aforesaid and may direct the removal
from a detention 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.

9. Examination and search
(1) All persons and vehicles entering or leaving a detention centre may be
examined and searched.
(2) The Superintendent may refuse admission to a detention 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
detention centre any article without the permission of the Superintendent may
be stopped and detained 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 detention centre of a
person who while in a detention 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.

10. Sick bay

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

GENERAL TREATMENT OF DETAINEES

11. Admission of detainees

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

12. Unaccompanied minors

Where a detainee is a minor unaccompanied by any parent, the Superintendent
shall have the like control over him as a parent.

13. Searching

(1) Every detainee shall be searched by an officer on admission to a detention
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.

14. Detainees' property

(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 concemed 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 and disposed of by the Superintendent.

15. Possession of articles without authority
(1) No detainee may have any article in his possession without the
permission of the Superintendent and any unauthorized article found in his
possession may be confiscated and disposed of by the Superintendent.
(2) No person shall, without the permission of the Superintendent,
convey or throw into, or deposit in, any detention 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 and
disposed of by the Superintendent.

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

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

18. Interview and recording of particulars
A detainee shall, as soon as practicable after his admission to a detention
centre, be interviewed (either individually or in a group) by the Superintendent
or an officer, who shall record such particulars of the detainee as he considers
necessary.

19. Clothing
Every detainee may wear his own clothes.

20. Blankets
(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.

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

22. Complaints as to food

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.

23. Obedience to directions as to cleanliness

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

24. Duty to keep dormitory etc. clean

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.

25. Employment
(1) A detainee may undertake within the detention centre such
employment as may be permitted by the Superintendent in accordance with
instructions issued by the Authority.
(2) A detainee employed in a kitchen or in domestic or other service
within a detention centre shall be paid in accordance with rates fixed by the
Authority or the voluntary agency which employs him, as the case may be.

26. Utters
(1) Every detainee may, unless the Superintendent, for good cause,
decides otherwise, be permitted to send and receive letters, and shall be supplied
by the Superintendent with such paper and writing materials as may be
reasonably required.
(2) No detainee may send or receive letters except through the
Superintendent.
(3) Every letter sent by or intended for a detainee may, for good cause, be
opened and its contents examined by the Superintendent or some person
appointed by him for the purpose.





27. Visits

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 Authority.

28. Permitted absences

(1) The Superintendent may, if he sees fit, permit a detainee to be absent
from the detention centre for such purpose, during such period and on such
terms as the Superintendent may specify.
(2) If a detainee is permitted under subrule (1) to be absent from the
detention centre, he shall, while he is so absent, be deemed to continue to be in
the legal custody of the Superintendent.

29. Removal of detainee to hospital etc.

(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
detention 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 detention
centre.

30. Prohibition of use of mechanical restraints

(1) Mechanical restraints shall not be used except-
(a)to prevent a detainee from injuring himself or others, or
damaging property, or creating a disturbance;
(b)to ensure the safe custody of a detainee during removal from a
detention centre, when handcuffs may be used; or
(c) 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 be given to one of the visiting justices and to the Medical Officer.
(3) The Medical Officer on receipt of such notice shall 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 mechanical restraint shall be 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 Authority.

31. Temporary confinement

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

DISCIPLINE AND CONTROL OF DETAINEES

32. Duty to report offences against discipline

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.

33. Segregation of detainee against whom report made

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

34. Power of Superintendent as to discipline

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

35. Offences against discipline

A detainee commits and 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 other than
rules 39 to 43 inclusive;

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

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

(e) commits any assault;

(f)wilfully disfigures, damages, destroys any part of the detention
centre, any Government property or any property which is not his
own or converts any such property;





(g) commits any nuisance;

(h) 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;

(i)escapes from the detention centre or from legal custody, or aids or
endeavours to aid the escape of any detainee, whether the escape is
actually effected or not;

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

(k) makes a false and malicious allegation;

(1) makes repeated groundless complaints.

36. Warning and records

The Superintendent may give warning to a detainee who has committed an
offence against discipline and such warning shall be kept in record.

37. Punishments which may be imposed by Superintendent

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

(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 Authority against such
order, and the Superintendent shall forthwith notify the Authority 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 Authority 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).

38. Use of force

(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.





OFFENCES

39. Introduction of unauthorized
article into detention centre

Any person who brings, throws or in any manner introduces into any detention
centre, or conveys to any detainee while in custody outside a detention 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 Authority in
charge of that detention centre, commits an offence and is liable to a fine of $5,000
and to imprisonment for 6 months.

40. Supplying unauthorized articles to detainees

Any person

(a)who without the permission of the Authority of a detention centre
sells any intoxicating liquor, opium or other drug, tobacco or other
article, in the detention centre; or

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

commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

41. Escape

Any detainee who escapes from a detention centre commits an offence and is
liable to a fine of $5,000 and to imprisonment for 6 months.

42. Aiding escape from detention centre

Any person who aids any detainee in escaping from a detention centre or from
legal custody commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

43. Illegal entry into detention centre

Any person who enters any detention centre or remains in any detention centre
without the permission of the Superintendent commits an offence and is liable to a
fine of $5,000 and to imprisonment for 6 months.





SCHEDULE [rule 2]

1 Chi Ma Wan Detention Centre (Upper Lower Camps)
2. Hei Ling Chau Detention Centre
3. Sham Shui Po Detention Centre
4. Erskine Detention Centre
5. Green Island Reception Centre
6. Whitehead Detention Centre
7. gargoyle Street Detention Centre
8. Harbour Detention Centres, i.e. the vessels known as HYF 'Man Tin', HYE 'Man wah'
HYF 'Man Kam' HYF 'Man Tai' and HYF 'Man Foon'
9. Lo Wu Detention Centre
10. Shek Kong Detention Centre
11. Tai A Chau Vietnames Holding Area (including Yuen Kong Chau)
12. Phoenix House
13. Cape Collinson Detention Centre
14. High Island Detention Centre
15. Nei Kwu Chau Detention Centre
16. Victoria Prison
17. Shek Kwu Chau Detention Centre

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