Immigration (Treatment of Detainees) Order
[20 June 1980]
(Format changes—E.R. 7 of 2020)
This Order may be cited as the Immigration (Treatment of Detainees) Order.
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.
In these rules, unless the context otherwise requires—
arrest/detention sheet (逮捕╱羈留紀錄表) means the sheet or record maintained in respect of a detainee under rule 4A; (L.N. 15 of 2010 and L.N. 41 of 2010) auxiliary officer (輔助人員) means a member of the Auxiliary Medical Service raised under the Auxiliary Medical Service Ordinance (Cap. 517) or of the Civil Aid Service raised under the Civil Aid Service Ordinance (Cap. 518); (57 of 1997 s. 34; 58 of 1997 s. 34) Centre (中心) means any place specified in Schedule 2; (L.N. 82 of 1981) detainee (被羈留者) means a person detained in the Centre under the Ordinance; officer (中心人員) means an auxiliary officer and a public officer attached to or directed by the Government to work at the Centre; registered medical practitioner (註冊醫生) has the meaning given by section 2(1) of the Medical Registration Ordinance (Cap. 161); (L.N. 99 of 2023) registered nurse (註冊護士) has the meaning given by section 2(1) of the Nurses Registration Ordinance (Cap. 164); (L.N. 99 of 2023) Superintendent (監督) means the officer in charge of the Centre.Immediately after the detention of a detainee, or so soon after the detention as may be practicable, an officer must—
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 the detainee’s whereabouts; and
if the detainee is a public officer, cause the head of the department in which the detainee holds office to be notified of the detention orally and in writing.
A detainee must be afforded reasonable opportunity to communicate with a legal adviser and to consult with the legal adviser in the presence, but out of the hearing, of an officer unless the communication or consultation would cause unreasonable hindrance or delay to the investigation of the suspected offence or the administration of justice.
For the purpose of preparing his or her defence a detainee detained under the order of a magistrate must be allowed—
a supply of writing material and, despite anything to the contrary in rule 8, to have letters to the detainee’s legal adviser, relatives and friends posted or delivered with the least possible delay;
to speak by telephone to the detainee’s legal adviser, relatives and friends, unless the communication is reasonably likely to cause hindrance to the investigation of the suspected offence or the administration of justice.
An officer is, while a detainee is in the officer’s custody, responsible for the safe custody and welfare of the detainee and for discharging any other duties that are imposed on an officer by this Order in relation to the detainee.
Despite anything in this rule, an officer may temporarily place a detainee in the custody of a member of the Immigration Service established by section 3 of the Immigration Service Ordinance (Cap. 331) for the purpose of furthering an investigation, in which case that member must, until returning the detainee to the custody of an officer at the Centre, have the responsibilities and duties of an officer in relation to the detainee.
Every detainee may be searched on admission and at such times subsequently as the Superintendent or any officer authorized by the Superintendent (authorized officer) may direct. (L.N. 99 of 2023)
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.
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.
Subject to subrule (7), no detainee shall be searched other than by an officer of the same sex. (L.N. 99 of 2023)
The rectum, vagina, nostrils, ears or any other external orifice of a detainee must not be searched under subrule (1) unless the Superintendent or authorized officer reasonably considers it necessary in the interests of the discipline of the Centre. (L.N. 99 of 2023)
To the extent that a search is one conducted in reliance on subrule (5)—
subrule (4) does not apply; and
subject to subrule (7), the search must be conducted by a registered medical practitioner or registered nurse of the same sex under the direction of the Superintendent or authorized officer. (L.N. 99 of 2023)
If the detainee concerned consents, a requirement under this rule that a person who may conduct a search must be one who is of the same sex may be disregarded. (L.N. 99 of 2023)
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. (L.N. 15 of 2010 and L.N. 41 of 2010)
A detainee must, except for reasons which an officer must cause to be recorded in the arrest/detention sheet, be permitted to retain any head-dress the detainee is by custom or religion required to wear, essential clothing and a hearing-aid. (L.N. 15 of 2010 and L.N. 41 of 2010)
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.
There must be kept in respect of each detainee a record to be known as the “arrest/detention sheet”, in which must be recorded—
immediately on the detention of a detainee, the reasons for the detention;
all movements and interviews of, requests made by, and meals, articles and any facilities provided to, the detainee; and
any other matters that are by this Order required to be so recorded.
In addition to the matters required to be recorded under subrule (1), there may be recorded by an officer on an arrest/detention sheet any other matters that the officer considers desirable.
Except where in this Order it is otherwise provided, an officer is responsible for recording in an arrest/detention sheet all matters required to be so recorded which occur while the detainee is in the officer’s custody.
A registered medical practitioner 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.
The Superintendent, or an officer authorized by the Superintendent (authorized officer), may require a detainee to submit, within a reasonable period, a specimen of the detainee’s urine for examination and analysis.
Moreover, a registered medical practitioner or registered nurse may also, under the direction of the Superintendent or authorized officer, impose the requirement on a detainee.
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 registered medical practitioner 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.
Subject to subrules (2) and (3), if a detainee complains of or appears to be suffering from sickness or injury, the detainee must be provided with adequate medical attention at the Centre.
If a registered medical practitioner so advises, or the services of a registered medical practitioner cannot be procured at the Centre, the detainee must be escorted elsewhere to receive medical attention. (L.N. 99 of 2023)
If the detainee is admitted to a hospital, the detainee must at all times be guarded by an officer until lawfully released on recognizance or otherwise.
Reasonable arrangements must be made for the comfort of detainees.
Whenever practicable both a detainee being questioned or making a statement and the officer asking the questions or recording the statement are to be seated.
A detainee must be permitted to receive from outside any items of clothing that may be necessary, subject to their inspection by an officer.
A detainee who has to spend a night or a substantial part of it at the Centre must be provided with a bed and reasonable bedding.
Reasonable arrangements must be made by an officer for the refreshment of a detainee, including the provision of adequate food, without charge to the detainee.
Without limiting subrule (1), a detainee may be permitted by an officer to obtain other food at the detainee’s own expense subject to the food being inspected by an officer.
Drinking water must be supplied to a detainee on request.
Details of all refreshment and food supplied to or received by a detainee must be recorded in the arrest/detention sheet.
Subject to any supervision and other measures that may be necessary to ensure that detainees do not escape or injure themselves, they must be provided with adequate facilities and opportunity to wash, shower, shave, relieve themselves and take a reasonable amount of exercise.
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.
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.
A detainee shall not receive visitors except with the prior permission of the Superintendent given in his discretion. (L.N. 15 of 2010)
Subrule (1) does not apply to visits by justices under rule 16. (L.N. 15 of 2010)
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.
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.
The Director of Immigration may set aside in the Centre an area for smoking by detainees.
Subject to and in accordance with any directions that may be given by the Director of Immigration, a detainee may smoke in an area set aside under subrule (1).
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.
Female detainees must ordinarily be kept separate from male detainees.
A female detainee must be guarded by a female officer and, except in an emergency, no male officer may enter a detention room in which a female detainee is detained otherwise than in the company of a female officer.
In the event of fire or other emergency at the Centre, the safety of any detainees detained there is paramount and if their safety is threatened, an officer must escort the detainees to the nearest police station or other suitable place.
Handcuffs may only be used to restrain a detainee when necessary for the detainee’s own safety or the safety of others or to prevent the detainee’s escape.
Any use of handcuffs must be recorded on the arrest/detention sheet by the officer causing them to be used.
For the purposes of these rules, a detainee commits an offence against discipline if the detainee— (L.N. 99 of 2023)
disobeys a lawful order of an officer;
commits any assault;
wilfully disfigures or damages any part of the Centre or any property which is not his own;
commits any nuisance; (L.N. 99 of 2023)
uses threatening, abusive or insulting words, or behaves in a manner that expresses a threat, abuse or insult; (L.N. 99 of 2023)
communicates with another detainee for an improper purpose; (L.N. 99 of 2023)
communicates with another detainee when prohibited from doing so in the interests of the discipline of the Centre; (L.N. 99 of 2023)
has in the detainee’s possession—
any article that the detainee is not authorized to have; or
a greater quantity of any article than that the detainee is authorized to have; (L.N. 99 of 2023)
without authorization gives any article to, or receives any article from, any person; (L.N. 99 of 2023)
makes false and malicious allegations against an officer; (L.N. 99 of 2023)
loses or, without reasonable excuse, damages or destroys any Government property; (L.N. 99 of 2023)
is found to have, without reasonable excuse, traces of a dangerous drug as defined by section 2(1) of the Dangerous Drugs Ordinance (Cap. 134) in a specimen of the detainee’s urine; (L.N. 99 of 2023)
fights with any person; (L.N. 99 of 2023)
obstructs an officer in the execution of the officer’s duty; or (L.N. 99 of 2023)
does any of the following—
attempts to commit an offence against discipline specified in any other paragraph of this subrule;
incites another person to commit such an offence;
assists another person in committing, or attempting to commit, such an offence. (L.N. 99 of 2023)
(Repealed L.N. 99 of 2023)
A detainee who has been reported for an alleged offence against discipline must be kept apart from other detainees pending a determination made under rule 13B(2).
The Superintendent may interrogate any person if the Superintendent has reason to believe that a detainee is committing or has committed an offence against discipline.
The Superintendent may determine whether a detainee has committed an offence against discipline.
If the Superintendent determines under subrule (2) that a detainee has committed an offence against discipline, the Superintendent may order that either or both of the following actions be taken as punishments of the detainee—
issuing a caution to the detainee;
subject to rule 13E, separately confining the detainee for a period not exceeding 28 days.
A detainee who is aggrieved by an order made under rule 13B(3) (punishment order) may, within 48 hours after the issue of the punishment order, notify the Superintendent that the detainee wishes to appeal to the Director against the punishment order.
If the Superintendent is notified under subrule (1) in respect of the punishment order, the Superintendent—
must, as soon as practicable after being so notified, notify the Director that the detainee wishes to appeal to the Director against the punishment order; and
must stay execution of the punishment order pending the hearing of the appeal.
An appeal against the punishment order may include an appeal against the relevant determination made under rule 13B(2).
On hearing the appeal, the Director must determine the appeal and may—
cancel, vary or confirm the punishment order; or
subject to subrule (5), substitute for the order any other punishment order.
The Director must not substitute a punishment order with a greater punishment for the punishment order unless the Director first gives the detainee an opportunity of showing cause why the punishment should not be increased.
Subject to subrule (2) and rule 13E, the Superintendent may order a detainee to be separately confined if the Superintendent considers that the detainee’s being so confined is desirable in the interests of the detainee or good order in the Centre, or both.
No detainee may be ordered under subrule (1) to be separately confined for more than 7 days unless the detainee consents to such a confinement.
A detainee must not be separately confined unless a registered medical practitioner has certified in writing that the detainee is in a fit condition of health to be so confined.
A detainee who is violent may be physically and mechanically restrained.
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.
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.
The Superintendent must provide facilities to justices of the peace appointed by the Chief Executive for that purpose (the visiting justices) to enable them to visit detainees and satisfy themselves that detainees are held in accordance with this Order and any other law.
For the purposes of subrule (1), visiting justices must be permitted to visit detainees at all reasonable times and for reasonable periods.
An officer must make a record of every such visit in respect of every detainee.
The Superintendent must keep a book to be known as the “Visiting Justices Report Book” in English and known as “太平紳士探訪紀錄簿” in Chinese.
Visiting justices must record their visits and their observations and comments in the book kept under subrule (4).
The Superintendent must as soon as practicable bring to the attention of the Director of Immigration or the Deputy Director of Immigration any adverse observation or comment recorded by visiting justices in the book kept under subrule (4).
There must be displayed in a conspicuous position in every room used for the detention of a detainee and in other conspicuous places at the Centre where it can readily be seen by detainees, a notice 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 administration of justice. 4.You may ask to be released on recognizance. 5.If you feel ill, ask for medical attention. 6.Adequate food and refreshment will be supplied free. You are entitled to receive from outside any items of clothing that may be necessary. However you may, if you request, be permitted at your own expense to have food from outside brought to you subject to inspection. 7.Drinking water will be supplied on request.被羈留者請注意 1.你可要求通知你的親屬或一位朋友你已被羈留。 2.在不會對進行調查或對執法構成不合理延遲或阻礙的前提下，你可與一名法律顧問通訊和商議。 3.你如根據裁判官的命令被羈留，為準備你的辯護，你會 ——(a)獲供應書寫用品，而你的書信會在沒有延遲的情況下郵寄或送遞；(b)在不會對進行調查或對執法構成阻礙的前提下，獲准打電話給他人。 4.你可要求擔保外出。 5.你如感到不適，請要求醫療護理。 6.你會獲得免費供應足夠的食物和茶點。你可接受從外間送來的任何所需衣物。但如你提出要求，則可獲准自費得到外間送來的食物，但這些食物須經過檢查。 7.飲用水會應你的要求供應。”.
(Repealed L.N. 138 of 1992)
(Repealed L.N. 359 of 1989)
(Repealed L.N. 15 of 2010)
Castle Peak Bay Immigration Centre at 84 Castle Peak Road, Tuen Mun (L.N. 15 of 2010; E.R. 7 of 2020)