INDEPENDENT COMMISSION AGAINST CORRUPTION (TREATMENT OF DETAINED PERSONS) ORDER

INDEPENDENT COMMISSION AGAINST CORRUPTION (TREATMENT OF DETAINED PERSONS) ORDER

INDEPENDENT COMMISSION AGAINST CORRUPTION
(TREATMENT OF DETAINED PERSONS) ORDER

ARRANGEMENT OF PARAGRAPHS

Paragraph Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
2A. Detainee to be taken to Detention Centre ... ... ... ... . ... ... ... A 2
3. Notification to relatives, etc. ... ... ... ... ... ... ... ... ... ... ... A 2
4. Communication with legal advisers, etc. ... ... ... ... . ... ... ... A 2
5. Appointment and duties of guarding officers ... ... ... ... . ... ... ... A 3
6. Individual detention record to be kept ... ... ... ... ... ... ... ... ... A 3
7. Search of detainee ... ... ... ... ... ... ... ...
... ... ... ... ... A 3
8. Articles found in detainee's possession ... ... ... ... ... ... ... ... ... A 4
9. Comfort of detainees ... ... ... ... ... ... ...
... ... ... ... ... A 4
10. Food and drink ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
11. Toilet facilities and exercise ... ... ... ... ... ... ... ... ... ... ... A 4
12. Sickness or injury ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
13. Complaints by detainees ... ... ... ... ... ... ... ... ... ... ... ... A
5
14. Female detainees ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
15. Safety of detainees in emergency ... ... ... ... ... ... ... ... ... ... A 5
16. Use of handcuffs ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
17. Notice to detainees ... ... ... ... ... ... ... ...
... ... ... ... ... A 5
18. Visits by justices ... ... ... ... ... ... ... ... ... ... ... ... ... A 6





INDEPENDENT COMMISSION AGAINST CORRUPTION
(TREATMENT OF DETAINED PERSONS) ORDER

(Cap. 204, section 10A(8)

[3 September 1976.]

1. This order may be cited as the Independent Commission
Against Corruption (Treatment of Detained Persons) Order.

2. In this order, unless the context otherwise requires-

,,arrest/ detention sheet means the sheet or record maintained in respect
of a detainee under paragraph 6;

'detainee' means a person detained at the offices of the Commission
under section 10A(2)(a) of the Ordinance or pursuant to the order
of a magistrate under the Magistrates Ordinance;

'Detention Centre' means the detention facilities maintained by the
Commission at its offices in Murray Road Car Park Building, Hong
Kong;

'guarding officer' means an officer appointed to be a guarding officer
under paragraph 5(1) and, in relation to any detainee, means the
guarding officer for the time being in charge of the Detention
Centre.

2A. An officer of the rank of Senior Commission Against
Corruption Officer or above who detains or authorizes the detention of a
detainee shall cause the detainee to be taken to the Detention Centre
and placed in the custody of the guarding officer.

3. Immediately after the detention of a detainee, or so soon
thereafter as may be practicable, the officer who authorized the
detention shall

(a)at the request of the detainee, cause a close relative of the
detainee, or any other person named by the detainee for that
purpose, to be notified of his whereabouts; and

(b)if the detainee is a public officer, cause the head of the
department in which he holds office to be notified of the
detention orally and in writing.

4. (1) A detainee shall be afforded reasonable opportunity to
communicate with a legal adviser and to consult with him in the
presence, but out of the hearing, of an officer unless such
communication or consultation would cause unreasonable hindrance or
delay to the investigation of the suspected offence or the administration
of justice.

(2) For the purpose of preparing his defence a detainee detained
pursuant to the order of a magistrate shall be allowed





(a)a supply of writing material and to have letters to his legal
adviser, relatives and friends posted or delivered with the
least possible delay;

(b)to speak on the telephone to his legal adviser, relatives and
friends, unless such communication is reasonably likely to
cause hindrance to the investigation of the suspected
offence or the administration of justice.

5. (1) The Commissioner may appoint officers to be guard~
ing officers for the purposes of this order.

(2) A guarding officer shall, while a detainee is in his custody,
be responsible for the safe custody and welfare of the detainee and
for discharging such other duties as are imposed on him by this
order in relation to the detainee.

(3) Notwithstanding anything in paragraph 2A or in this
paragraph, the guarding officer may temporarily place a detainee in
the custody of another officer for the purpose of furthering an
investigation, in which case that other officer shall, until he returns
the detainee to the custody of the guarding officer at the Detention
Centre, have the responsibilities and duties of a guarding officer
referred to in sub-paragraph (2) in relation to the detainee.

6. (1) There shall be kept in respect of each detainee a
record to be known as the arrest/detention sheet, in which shall be
recorded-

(a)immediately on the detention of a detainee, the reasons for
the detention;

(b)all movements and interviews of, requests made by, and
meals, articles and any facilities provided to, the detainee;
and

(c)such other matters as are by this order required to be so
recorded.

(2) In addition to the matters required to be recorded under
sub-paragraph (1), there may be recorded by the guarding officer
upon an arrest/ detention sheet such other matters as the officer
considers desirable.

(3) Except where in this order it is otherwise provided, the
guarding officer shall be responsible for recording in an arrest/
detention sheet all matters required to be so recorded which occur
while the detainee is in his custody.

7. (1) Upon the detention of a detainee, he shall, before
being placed in any detention room, be searched thoroughly.

(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 other than by an officer of the
same sex.

(4) A detainee removed from his detention room shall be searched
before being returned to that, or being placed in another, detention
room.

8. (1) Any article found in the detainee's possession which may be
used by the detainee to injure himself or to escape from custody shall be
taken from him and placed in the custody of an officer, who shall make
an inventory thereof and provide the detainee with a copy:

Provided that if the detainee so requests, he may be permitted by
an officer to have the article in his possession or to use it for such
period and subject to such conditions as the officer deems fit.

(2) Subject to sub-paragraph (1), a detainee shall, except for
reasons which the guarding officer shall cause to be recorded in the
arrest/ detention sheet, be permitted to retain any head-dress he is by
custom or religion required to wear, essential clothing and a hearing-aid.

9. (1) Reasonable arrangements shall be made for the comfort of
detainees.

(2) Whenever practicable both a detainee being questioned or
making a statement and the officer asking the questions or recording
the statement shall be seated.

(3) A detainee shall be permitted to receive from outside such items
of clothing as may be necessary, subject to their inspection by an
officer.

(4) A detainee who has to spend a night or a substantial part
thereof at the offices of the Commission shall be provided with a bed
and reasonable bedding.

10. (1) Reasonable arrangements shall be made by the guarding
officer for the refreshment of a detainee, including the provision of
adequate food, without charge to the detainee.

(2) Without prejudice to sub-paragraph (1) a detainee may be
permitted by the guarding officer to obtain other food at his own
expense subject to such food being inspected by an officer.

(3) Drinking water shall be supplied to a detainee on request.

(4) Details of all refreshment and food supplied to or received by a
detainee shall be recorded in the arrest/ detention sheet.

11. Subject to such supervision and other measures as may be
necessary to ensure that he does not escape or injure himself, a
detainee shall be provided with adequate facilities and opportunity to
wash, shower, shave, relieve himself and take a reasonable amount of
exercise.





12. (1) Subject to sub-paragraphs (2) and (3), if a detainee
complains of or appears to be suffering from sickness or injury, he shall
be provided with adequate medical attention at the offices of the
Commission.

(2) Where a medical practitioner so advises, or the services of a
medical practitioner cannot be procured at the offices of the
Commission, the detainee shall be escorted elsewhere to receive medical
attention.

(3) If the detainee is admitted to a hospital, he shall at all times be
guarded by an officer until lawfully released on bail or otherwise.

13. Every complaint made by a detainee about the conditions under
which he is detained or the conduct of any officer shall, if not made in
writing, be reduced to writing by the officer to whom it is made, and as
soon as possible brought to the attention of an officer not below the
rank of assistant director and recorded in the detainee's arrest/ detention
sheet.

14. (1) Female detainees shall ordinarily be kept separate from male
detainees.

(2) A female detainee shall be guarded by a female officer and,
except in an emergency, no male officer shall enter a detention room in
which a female detainee is detained otherwise than in the company of a
female officer.

15. In the event of fire or other emergency at the offices of the
Commission, the safety of any detainees detained there shall be
paramount and if their safety is threatened, the guarding officer or
officers shall escort the detainees to the nearest police station or other
suitable place.

16. (1) Handcuffs shall only be used to restrain a detainee when
necessary for his own safety or the safety of others or to prevent his
escape.

(2) Any use of handcuffs shall be recorded on the arrest/detention
sheet by the officer causing them to be used.

17. There shall be displayed in a conspicuous position in every
room used for the detention of a detainee and in other conspicuous
places at the offices of the Commission where it can readily be seen by
detainees, a notice in English and in Chinese in the following terms

'Notice to Persons Detained

1 You may request that your relatives or a friend be informed of
your detention.

2.Provided that no unreasonable delay or hindrance is caused
to the processes of investigation or the administration of
justice you may communicate and consult with a legal adviser.





3.For the purpose of preparing your defence you will, if you
have been detained on the order of a magistrate, be
allowed-
(a)a supply of writing material, and to have your letters
posted or delivered without delay;
(b)to make telephone calls, provided no hindrance is
caused to the processes of investigation or the ad-
ministration of justice.

4. You may ask to be released on bail.

5. If you feel ill, ask for medical attention.

6.Adequate food and refreshment will be supplied free. You
are not entitled to receive from outside anything except the
basic necessities of clothing. However you may, if you
request, be permitted at your own expense to have food
from outside to be brought to you subject to inspection.

7. Drinking water will be supplied on request.'.

18. (1) The Commission shall provide facilities to justices of
the peace appointed by the Governor for that purpose (in this
paragraph referred to as visiting justices) to enable them to visit
detainees and satisfy themselves that detainees are held in accor-
dance with this order and any other law.

(2) For the purposes of sub-paragraph (1) visiting justices
shall be permitted to visit detainees at all reasonable times and for
reasonable periods.

(3) A record of such a visit shall be made in the arrest/
detention sheet of every detainee.

(4) There shall be kept at the offices of the Commission a book
to be known as the Visiting Justices Report Book, in which visiting
justices shall record their visits and their observations and
comments.

(5) Any adverse observation or comment recorded in the
Visiting Justices Report Book shall as soon as practicable be
brought to the attention of the Commissioner or Deputy
Commissioner.
L.N. 234/76. 27 of 1980. 51 of 1987. Citation. Interpretation. (Cap. 227.) 51 of 1987, s. 9. 51 of 1987, s. 9. Detainee to be taken to Detention Centre. 51 of 1987, s. 9. Notification to relatives, etc. 27 of 1980, s. 8. Communication with legal adviser, etc. 51 of 1987, s. 9. Appointment and duties of guarding officers. 51 of 1987, s. 9. Individual detention record to be kept. Search of detainee. Articles found in detainee's possession. Comfort of detainees. 51 of 1987, s. 9. Food and drink. Toilet facilities and exercise. Sickness or injury. 51 of 1987, s. 9. 51 of 1987, s. 9. Complaints by detainees. Female detainees. Safety of detainees in emergency. Use of handcuffs. Notice to detainees. 51 of 1987, s. 9. Visits by justices.

L.N. 234/76. 27 of 1980. 51 of 1987. Citation. Interpretation. (Cap. 227.) 51 of 1987, s. 9. 51 of 1987, s. 9. Detainee to be taken to Detention Centre. 51 of 1987, s. 9. Notification to relatives, etc. 27 of 1980, s. 8. Communication with legal adviser, etc. 51 of 1987, s. 9. Appointment and duties of guarding officers. 51 of 1987, s. 9. Individual detention record to be kept. Search of detainee. Articles found in detainee's possession. Comfort of detainees. 51 of 1987, s. 9. Food and drink. Toilet facilities and exercise. Sickness or injury. 51 of 1987, s. 9. 51 of 1987, s. 9. Complaints by detainees. Female detainees. Safety of detainees in emergency. Use of handcuffs. Notice to detainees. 51 of 1987, s. 9. Visits by justices.

https://oelawhk.lib.hku.hk/items/show/2849

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