Detainees in Castle Peak Bay Center Released Lifetime Priest Hunger Strike in Support of Zhu Kaidi: Detention Guidelines are Vague

District 18 News

Written by: Zeng Fengting

2020-08-04 22:24

Castle Peak Bay Immigration Centre (CIC) is located in Coffee Bay, Tuen Mun. It is used as a detention center for overstaying persons, and will review them, arrange relevant legal documents, supplement the travel document procedures, and repatriate them And deportation and other matters. On June 29 this year, more than 20 detainees started a hunger strike because they were dissatisfied with the practice of unlimited detention. As of Monday (3rd), 15 people still continued.

Father Gan Haowang, one of the members of the CIC Concern Group, also joined the line of solidarity on Sunday (2nd) and went on a 50-hour hunger strike outside the Qingshan Bay Immigration Center, hoping to arouse the attention of all walks of life. He believes that CIC's approach is inhumane, and the release date of detainees is indefinite, as if they were sentenced to life imprisonment, and urged that they be released as soon as possible. The Legislative Council Member Zhu Kaidi who visited Father Gan Haowang felt that the current detention guidelines were too vague.

In response to enquiries, the Immigration Department stated that most of the detainees who participated in refusing to receive meals this time involved serious or violent crimes and other bad criminal records (including serious crimes such as extortion, wounding, and trafficking in dangerous drugs) and must be deported. The risk of absconding or committing another crime is higher. The length of detention of each detained person depends on the circumstances of his case and related changes, and cannot be generalized. It also stated that any detainee who is dissatisfied with the detention decision can appeal to the court in accordance with the law.

At the end of June, CIC broke out that more than 20 detainees were detained indefinitely due to their dissatisfaction without reasonable reasons, and started a hunger strike. Father Gan Haowang stated that before he joined the hunger strike, he had discussed this issue with other members of the concern group, members of the Legislative Council, and the Immigration Department, but it has not been properly handled yet. He also pointed out that since last year, CIC has been reported to have abused Yuli Riswati and other detainees, making them very worried. "We are very worried that an incident like Yuli will happen again."

Father Gan Haowang is dissatisfied with the excessive power of the immigration department

This concern prompted Father Gan to join the hunger strike. "This hunger strike is not only for those who are still in custody. I support them. I also want the Immigration Department to face up to the current problems." Father Gan believes that the Immigration Department is too powerful. "They (detainees) have already completed their sentences under the judge's judgment, but now they have to stay in CIC, a place with a worse environment than the prison. When sentenced by the judge, at least they know when they will be released, but they don't know at CIC. It is waiting indefinitely.” In addition to hoping that the prescription would give them a suitable arrangement, Father Gan Haowang also hopes to abolish CIC and release all detainees.

Legislative Council Member Zhu Kaidi believes that the current detention guidelines are vague. (Photo by Zeng Fengting)

Legislative Council Member Zhu Kaidi believes that the current CIC's criteria for reviewing detention are not transparent and too vague. "Many detainees do not know why they cannot be released." He alleged that a detainee once told him that someone had lost his right of abode for hiding drugs and was sentenced to be detained for seven years before he could leave, but he was eventually released within seven years, which made the detainees feel uncomfortable. Understand, do not understand its review criteria. He also said that he had read the relevant documents. One of the review criteria was "possibly criminal inclination." He wondered, "Will this criterion be too vague?" Zhu Kaidi believes that this criterion can be said to be completely controlled by the Immigration Department. unreasonable. He pointed out that if the prescription can more clearly show the reason for the person involved in the detention in the future, it is the first step to solve the problem.

The Immigration Department responded to enquiries stating that on July 31, 2020, 15 detainees in the Castle Peak Bay Centre refused to receive meals for more than 30 days, but they drank water, milk tea or milk drinks provided by the centre. Since the incident, officers of the department have been closely monitoring the health of the persons concerned. The doctor on duty performed medical examinations on the 15 detainees. No detainees have expressed discomfort so far. They are generally emotionally stable. Although the persons concerned refused to receive the meals at the centre, it is believed that other foods were still consumed. At the same time, officers of the department have advised the detainees concerned and provided counselling services for them. They have also met with those who refused to receive meals and explained the reasons for their continued detention and the latest progress of the case.

The government formulates detention policies based on relevant legal principles established by the courts (including the Hardial Singh Principles of Common Law). In accordance with the relevant detention policy, the Immigration Department considers relevant factors under the policy and the circumstances of individual cases to decide whether to detain an individual. In accordance with the existing mechanism, the Immigration Department will conduct regular and timely review of each detention case to determine whether to continue the detention, and will notify the relevant person in writing of the review results and rationale, and will meet with them to explain the relevant situation. The detention policy implemented by the Immigration Department is available for public inspection on the department’s website. It stipulates that when considering whether to detain an individual, the prescription will take into account all the facts and circumstances of the individual case, including whether the relevant procedures for which the case is waiting can be within a reasonable time Whether the person concerned has committed a serious crime, whether it poses a threat to society or poses a public security risk, and whether there is a chance to abscond or commit another crime.

Immigration Department: Most of the detainees who participated in the hunger strike were involved in serious or violent crimes

As far as this incident is concerned, most of the detainees who were involved in refusing to receive meals were involved in serious or violent crimes and other bad criminal records (including serious crimes such as extortion, wounding, and trafficking in dangerous drugs) and were required to be deported , The risk of absconding or committing another crime is higher. In addition, the length of detention of each detainee depends on the circumstances of the individual case and related changes, and cannot be generalized. Any detainee who is dissatisfied with the detention decision can file a complaint with the court in accordance with the law. In fact, among the group of detainees who refused to receive meals, some have lodged relevant complaints with the court, asking the court to decide that their detention can be terminated, but these complaints were rejected.

The Immigration Department also stated that when exercising the statutory powers of detention in each case, it will strictly follow the relevant detention policy and fully consider all the circumstances related to each case before making a decision. Detainees can also appeal through judicial procedures and allow the court to rule on the legality of their detention decision. The Department has noticed that there are individual people who are concerned about this incident. They lack sufficient justification and have not taken into account all relevant circumstances of the case. For example, individual detainees have absconded or committed serious crimes in Hong Kong, but they allege that the prescription is currently in accordance with legal procedures. The detention decision made was "indefinite detention" or "violating human rights," which was obviously inconsistent with the facts and actual conditions and was inappropriate. The prescription will continue to review every detention case in a timely manner in accordance with the current detention policy.

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