Detention laws to be amended

April 3, 2024

Three pieces of subsidiary legislation related to places of detention for immigration detainees will be gazetted on April 5.
 

They are the Immigration (Places of Detention) (Amendment) Order 2024, the Immigration Service (Designated Places) (Amendment) Order 2024 and the Immigration Service (Treatment of Detained Persons) (Amendment) Order 2024.
 

Following the completion of construction of the new Immigration Headquarters in Tseung Kwan O in the third quarter of 2023, relevant offices and facilities are being relocated in phases to the new headquarters in 2024. The new headquarters will provide a detention centre, which will replace the existing Ma Tau Kok Detention Centre located at the Ma Tau Kok Road Government Offices.
 

As with the current Ma Tau Kok centre, the new detention centre will be used for short-term detention of immigration offenders pending inquiry, prosecution, court hearing or transfer to other detention facilities.
 

Moreover, following the completion of ongoing development at Hong Kong International Airport, additional detention quarters will be set up by the Immigration Department at the airport for short-term detention of people pending examination, inquiry, a decision to give or refuse permission to land, or removal from Hong Kong after permission to land is refused.
 

In order to include the above new detention centre/quarters as places of detention, the Government needs to amend the relevant Schedule to the Immigration (Places of Detention) Order and the Immigration Service (Designated Places) Order.
 

The Schedule to the Immigration Service (Treatment of Detained Persons) Order will also be amended to include the detention centre at the new headquarters.
 

As the Ma Tau Kok centre will cease operations when the detention centre at the new headquarters begins operations, the Government will also take the opportunity to repeal the references to the Ma Tau Kok centre in the three pieces of subsidiary legislation at the end of this year.
 

The three pieces of subsidiary legislation will be tabled at the Legislative Council for negative vetting on April 10 and are expected to take effect on May 31. Repeal of references to the Ma Tau Kok centre is expected to start on December 2.

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