Subsidiary legislation related to places of detention of immigration detainees and drug addiction treatment centres gazetted
22.3.2023

The Government will publish in the Gazette on March 24 14 pieces of subsidiary legislation related to places of detention of immigration detainees, Vietnamese refugee centres and drug addiction treatment centres (DATCs) under the Immigration Ordinance (Cap. 115), the Immigration Service Ordinance (Cap. 331) and the Drug Addiction Treatment Centres Ordinance (Cap. 244). The 14 pieces of subsidiary legislation which were made by the Secretary for Security are: (a) the Drug Addiction Treatment Centres (Appointment) Order; (b) the Addiction Treatment Centre (Consolidation) Order (Repeal) Order; (c) the Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) Order (Repeal) Order; (d) the Drug Addiction Treatment Centre (Lai Sun Correctional Institution) Order (Repeal) Order; (e) the Drug Addiction Treatment Centre (Lai King Correctional Institution) Order (Repeal) Order; (f) the Drug Addiction Treatment Centre (Nei Kwu Correctional Institution) Order (Repeal) Order; (g) the Immigration (Places of Detention) (Amendment) Order 2023; (h) the Immigration (Vietnamese Refugee Centres) (Designation) (Consolidation) Order (Repeal) Order; (i) the Immigration (Vietnamese Refugee Centres) (Open Centre) Rules (Repeal) Rules; (j) the Immigration (Vietnamese Refugee Centres) (Departure Centre) Rules (Repeal) Rules; (k) the Immigration (Vietnamese Migrants) (Detention Centres) (Amendment) Rules 2023; (l) the Immigration (Vietnamese Migrants) (Detention Centres) (Designation) (Amendment) Order 2023; (m) the Immigration (Vietnamese Boat People) (Shek Kwu Chau Detention Centre) Rules (Repeal) Rules; and (n) the Immigration Service (Designated Places) (Amendment) Order 2023. Currently, immigration detainees (including non-refoulement claimants) may be detained at the Castle Peak Bay Immigration Centre or the Tai Tam Gap Correctional Institution, with a total detention capacity of 660. The Government has recently identified the Nei Kwu Correctional Institution (NKCI), which is a DATC currently in use for placing convicted drug addicts, as an additional place of detention under the Immigration (Places of Detention) Order (Cap. 115B). In this connection, the Lo Wu Correctional Institution is appointed as a DATC, in addition to its designation as a prison, to admit persons who are originally in custody in the NKCI. The Government also takes the opportunity to repeal references to various detention centres or places of detention that have been demolished or are no longer in operation in various pieces of subsidiary legislation under the Immigration Ordinance and the Immigration Service (Designated Places) Order (Cap. 331B), and repeal four pieces of obsolete subsidiary legislation under the Immigration Ordinance in relation to Vietnamese refugee centres which have been demolished. A spokesman for the Security Bureau said, "The Government has been exploring different options to expand the detention capacity for immigration detainees so as to facilitate the efficient removal actions by the Immigration Department and to ensure that persons posing or likely to pose higher threat or security risk to the community are detained as far as practicable in accordance with the relevant statutory provisions, legal principles established by the Court as well as the prevailing detention policy. With the redeployment of the NKCI, the overall capacity for immigration detainees will be increased by about one-third to 900." The above pieces of subsidiary legislation will be tabled at the Legislative Council for negative vetting on March 29. The NKCI will be redeployed for detaining immigration detainees after the legislative process is completed.