Letters | Hong Kong treats immigration detainees lawfully and fairly

Non-refoulement claimants are illegal immigrants, overstayers or persons refused entry to Hong Kong. To maintain effective immigration control and safeguard public interest, the Immigration Department is committed to removing unsubstantiated claimants from Hong Kong as soon as practicable and legally permissible.

Under the Immigration Ordinance, a person who is liable to be removed from Hong Kong may be detained pending removal or final determination of the claim. In deciding on detention, the government will consider all relevant facts and circumstances, including whether the person has committed a serious crime and is likely to pose a security risk to the community, and any risk of the person absconding or (re)offending, to ensure reasonableness and lawfulness.

Currently, there are about 14 900 non-refoulement claimants remaining in Hong Kong for different reasons. Only 370 (or 2.5 per cent) of them are detained, while the vast majority with low security risk are released on recognisance. For those in detention, the government will conduct regular and timely reviews to determine whether the detention should continue, and will notify detainees of the results and justifications.

At the Legislative Council security panel meeting on December 6, the government consulted members on proposals to expand detention capacity and strengthen detainee management. They were generally supportive. The redeployment of Nei Kwu Correctional Institution will increase the overall detention capacity to 900. The government will arrange appropriate manpower and provide suitable training to ensure treatment of detainees at different facilities is reasonable, fair and largely comparable. Justices of the Peace will also visit detention facilities regularly to ensure effective management and no unfair treatment.