【香港難民,看不見的牆】入境處回應:不排除有人故意延長覊留

Post Date: Feb 8th, 2017 | Categories: Media | COMMENT

Ming Pao Weekly on CIC - 8Feb2017

 

 

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  1. Hong Kong Refugee, Invisible Wall] Immigration Department Response: It is not precluded that some detainees were intentionally lengthened

    Written by: Sze Yat-yu Photo: Liu Yumei, Hsu Ho-ho, Lee Haok-hyun, Zhao Fu-hsi, Chow Yiu-ngun Illustrator • Liu Yan Geng (Immigration Department, Castle Peak Bay Immigration Center)

    07 Feb 2017

    In response to allegations made by detainees, the magazine interviewed Assistant Director of Immigration (Law Enforcement and Torture Complaint), Mr Fung Pak-ho.

    Q: Under section 32 (2A) of the Immigration Ordinance, no person shall be detained for more than 42 days before being allowed to detain him for 7 days before his removal from the Immigration Department. As regards section 37ZK, it is stated that “without limiting any other powers conferred by this Ordinance, the Claimants may be detained pending the authority of the Director of Immigration, the Deputy Director of Immigration or any Assistant Director of Immigration, The torture will be finally decided. “Which one of the prescription will prevail?

    A: Each legislation has its purpose. Even if the detention is not provided for until the time of repatriation, it does not mean that the law enforcement officers can exhaust the time allowed by the law. We also have to follow the principles of the Hardial Singh case (we can not continue detention if the repatriation process can not be completed within a reasonable time). We have to consider the case. It is not necessary to detain a person and wait for repatriation. However, if it can not be dealt with at a calculated time in the future, it is necessary to review whether this person needs to be detained. The other is that if they go out and violate the law and there is no shortage of such people in the CIC, we will keep these people in detention until the purpose of the law is concerned to safeguard the overall order of Hong Kong and maintain effective immigration control.

    Q: In other words, the detention time can be short or long?

    A: Theoretically. We have one of these cases, detained at the end of 2015 and basically waived the decision. However, he has appealed and is expected to wait for his appeal to be repatriated. However, we consider that he has a potential crime risk, , So to determine whether it is suitable for the release of him. Later on, the case was psychologically unsuitable for appeal and oral confession. The insistence on seeing a psychiatrist and the medical report was an individual’s privacy. No consent was given. The normal procedure can be as short as two weeks, but it can take up to 49 weeks, but because of individual circumstances, the detention time is longer, and we do not rule out deliberate delay.

    Q: If a detainee claims to have been treated unfriendly or even beaten by the staff, what will the prescription do?

    A: We will deal with it seriously. If necessary, we will even report to the police. But I do not think that this will happen. Our colleagues are trained and do not need to commit criminal acts. In addition, there are a number of channels of complaints in the center. A number of notices and notices have been posted for detainees, including complaints directly to the Director of the Center, letters to the Office of The Ombudsman and complaints by visiting JPs.

    Q: Some detainees have pointed out that the Immigration Department has not responded to appropriate medical treatment.

    A: The Treatment Order provides for the treatment of detainees, including medical examinations. At present, medical services are contracted out. The contract is renewed every three years. During office hours from Monday to Sunday, there are registered doctors in Hong Kong. Registered nurses are available 24 hours a day. In case of emergency, the doctors will not be there and will be transferred to public hospitals. If the detainee is dissatisfied with the medical service, he may lodge a complaint with the Medical Council.

    Many detainees are often required to see a doctor, headache or dizziness, or they are too nauseous to turn around. However, I have not been aware of the fact that some individuals are treated with inappropriate medical treatment. Moreover, detainees can appeal when visiting JPs.

    Q: Some people claim that their lives are threatened after returning home. Will the Government consider introducing a post-deportation tracking system after the 2016 Policy Address has proposed a comprehensive review of the policy of repatriation?

    A: The mechanism of repatriation is based on the provision of personal facts. After a high level of fairness, if the claim is not established, the repatriated claimant will come to Hong Kong again. There is a real risk that the personal circumstances will change. To allow him to make follow-up claims.

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