Immigration Detention in Hong Kong
Every year, the Hong Kong Immigration Department detains approximately 10,000 migrants. This process is categorized as administrative detention, meaning the decision to deprive an individual of their liberty is made by government officials rather than through a court order. These actions are carried out under the authority of the Immigration Ordinance (Cap. 115) to maintain immigration control and address other legal requirements.
Key Facts
- Annual Volume: Around 10,000 migrants are detained yearly.
- Nature of Detention: Administrative, governed by government officials.
- Total Locations: Over 100 possible detention sites, including police stations and hospitals.
- Primary Facilities: Four main centers: CIC, MTKDC, TGCI, and NKCI.
- Governance: Facilities are split between the Immigration Department and the Hong Kong Correctional Services.
Legal Framework and Legislation
The detention and treatment of migrants in Hong Kong are governed by a specific set of laws and orders. The primary legislation is the Immigration Ordinance (Cap. 115), which outlines the legal reasons for detention.
Depending on where a person is held, different regulations apply to their treatment:
- Immigration (Places of Detention) Order (Cap. 115B): Specifies the authorized locations where detainees may be held.
- Immigration (Treatment of Detainees) Order (Cap. 115E): Governs the treatment of those at the Castle Peak Bay Immigration Centre.
- Immigration Service (Treatment of Detained Persons) Order (Cap. 331C): Governs the treatment of those at the Ma Tau Kok Detention Centre.
- Prison Rules (Cap. 234A): Governs detainees held at the Tai Tam Gap and Nei Kwu Correctional Institutions.
Immigration Detention Facilities
While there are over 100 possible locations for detention—including border points, prisons, some hospitals, and any police station—four primary facilities handle the bulk of the population.
Immigration Department Facilities
The Immigration Department directly manages two main centers. The Castle Peak Bay Immigration Centre (CIC) serves as a long-term detention facility for adults. In contrast, the Ma Tau Kok Detention Centre (MTKDC) is used primarily for short-term transfers.
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Correctional Services Facilities
Some detainees are held in facilities managed by the Hong Kong Correctional Services, where they are subject to the same Prison Rules as convicted prisoners.
- Tai Tam Gap Correctional Institution (TGCI): Recommissioned on May 28, 2021, this facility holds adult males, including non-refoulement claimants (individuals seeking protection from being returned to a country where they face persecution) and those deemed "security risks." TGCI is the first facility to implement the "smart prison initiative."
- Nei Kwu Correctional Institution (NKCI): Converted into an immigration detention center on May 18, 2023, this facility specifically holds adult females under the powers of the Immigration Ordinance.
Summary of Detention Centers
| Facility Name | Target Population | Duration/Purpose | Governing Authority |
|---|---|---|---|
| Castle Peak Bay (CIC) | Adults | Long-term | Immigration Department |
| Ma Tau Kok (MTKDC) | General | Short-term transfers | Immigration Department |
| Tai Tam Gap (TGCI) | Adult Males / Security Risks | Specialized/Smart Prison | Correctional Services |
| Nei Kwu (NKCI) | Adult Females | Immigration Control | Correctional Services |
Recent Developments and Controversies
In 2021, amendments to the Immigration Ordinance introduced changes that have drawn criticism from civil society. These changes lowered the threshold for long-term detention by allowing administrative factors—such as the volume of pending non-refoulement claims or situations "beyond the control of ImmD"—to justify extended detention.
Additionally, the amendments increased access to weapons for detention staff. Advocates have expressed concern that these changes may limit procedural fairness, potentially restricting access to interpreters during legal proceedings and limiting the time allowed for appeals.
Media Coverage and Human Rights Reports
The conditions within these facilities have been the subject of public debate. A 2021 documentary by Radio Television Hong Kong (RTHK) featured a former detainee who alleged rights violations, including physical beatings while blindfolded and the use of "padded rooms" for solitary confinement.
Similarly, the news outlet Stand News reported on conditions at TGCI. These reports were criticized by the Secretary for Security as being "biased, smearing and demonising" toward the smart prison initiative. Stand News ceased operations shortly thereafter.
Impact of COVID-19
The COVID-19 pandemic significantly affected the detention system. Outbreaks among both staff and detainees led to the suspension of visits from family and friends, increasing the isolation of those held in the centers.
Frequently Asked Questions
What is the difference between administrative and judicial detention?
Administrative detention in Hong Kong is decided by government officials from the Immigration Department rather than by a judge or a court of law.
Who is held at the Tai Tam Gap Correctional Institution?
TGCI holds adult males, specifically including those the government deems "security risks" and non-refoulement claimants.
Which law governs the treatment of detainees at NKCI and TGCI?
Detainees at these two facilities are governed by the Prison Rules (Cap. 234A), the same legislation that applies to prisoners in Hong Kong.
What is a non-refoulement claimant?
A non-refoulement claimant is an individual who argues that they should not be deported or returned to their home country because they face a real risk of persecution or serious harm.
How many places can be used for immigration detention in Hong Kong?
While there are four main centers, there are over 100 possible locations, including police stations, certain hospitals, and border points.